Brendan Howlin (Wexford, Labour) | Oireachtas source

The parliamentary liaison unit meets "on a regular basis with advisers and Departments with a view to ensuring that they are aware of Oireachtas issues and to assist them in engaging with the new procedures arising from Dáil reform." One of the most controversial aspects of this new politics and the new parliamentary arithmetic is the use by the Government of money messages to stall Opposition Bills. To date 55 Opposition Bills are stuck awaiting a money message. It is increasingly seen as a tool simply to prevent opposition Bills from advancing despite discussions we had at the outset of this Dáil that we would try to equalise the capacity of every Member of this Dáil to bring forward legislation. Obviously, it would have to be up to a standard, be appropriate and so on.

Alongside the money message delaying tactic, the Government has adopted a new strategy of bringing in parallel Bills on matters of public interest where the Opposition has already tabled Bills. Recent examples are Government Bills promised on tips, fur farming and on the gender pay-gap, on which the Labour Party has tabled legislation. This is instead of working in the spirit of new politics with the Opposition on Bills on the Order Paper.

I am sure the Taoiseach has seen the opinion of law lecturers Dr. Eoin Daly and Dr. David Kenny in The Irish Times last week outlining how the abuse of the money message provision is constitutionally dubious and could precipitate a constitutional crisis. They say:

Article 17.2 exists for a specific and narrow purpose: to prevent the Oireachtas from pursuing a conflicting fiscal agenda and undermining the coherent management of State finances.

The phraseology is also quite specific: it refers to laws “for the appropriation of revenue” which suggests it refers to laws whose purpose is to spend, and not laws which may have the effect of incurring some expenditure.

Whether it is in the Oireachtas itself or in Departments, a much broader interpretation has been taken of the money message rule than is clearly intended in the Constitution.

Will the Taoiseach reflect again on this issue? Is it his view that the money message issue should be resolved so that, even in terms of perception, it is not seen as a device to be used to stop the advance of Opposition legislation.

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