Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

The 11 do not include legislation superseded by Government legislation with the same objective. It is much higher if they are added. Article 17.2 of the Constitution requires a money message for any vote, resolution or law to be passed by the Dáil involving the appropriation of revenue or any other public moneys.

The memorandum of understanding, MOU, between the Government and the Dáil on Private Members' Bills provides a framework for decisions to be made by Government on the issuing of money messages. The MOU acknowledges the role, responsibilities and accountability of the Government under the Constitution regarding public expenditure. The MOU between the Dáil and the Government states:

The Government has a constitutional role in managing the fiscal and executive affairs of the State and is accountable to the Dáil under Article 28. The Government has absolute prerogative under Article 17.2 of the Constitution as to whether to grant a Money Message or not.

The MOU puts in place a procedure where Private Members' Bills will undergo detailed scrutiny in exchange for a response from the Government on whether a money message will issue or not. Scrutiny is undertaken by the relevant committee after the Bill has passed on Second Stage. It constitutes a separate course in advance of Committee Stage. The Order for Committee Stage cannot be moved until that is completed. A scrutiny report will then have to be laid before the Houses and the money message is not requested until the Order for Committee Stage is moved.

The Government is committed to providing a response to the Oireachtas within six weeks of receiving the request for a money message. Currently, 68 Private Members' Bills have been referred to committee. Of those, 55 require a money message and the Government has provided a response to eight of those. Money messages issued for the National Famine Commemoration Day Bill 2017, Garda Síochána (Amendment) (No. 2) Bill 2014, Electoral (Amendment) (No. 3) Bill 2014 and Consumer Insurance Contracts Bill 2017, while reasoned responses issued for the Waste Reduction Bill 2017, Local Government (Establishment of Town Councils Commission) Bill 2017, Electoral (Amendment) Bill 2015, and Island Fisheries (Heritage Licence) Bill 2017.

Some 15 Bills are still under consideration and a number of committees and sponsors have been contacted by Ministers requesting more time to consider the proposed legislation. Another 32 Bills are either undergoing, awaiting or have completed scrutiny. Two Private Members' Bills have received a money message and completed Committee Stage but are not yet enacted.

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