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Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: It is not.

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: It relates to administration between the two Departments.

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: I would like to put on the record that I will withdraw amendment No. 9a owing to time constraints.

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: Again, owing to time constraints and to facilitate Senator Barrett who wishes to raise important issues I will withdraw amendment No. 13.

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: I only got a 2:1.

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: Sections 21, 22 and 23 are part of one package. It would be opportune if the Minister could explain in general terms how this provision will work. The Minister may correct me if I am wrong but in my view, under section 22 - I am aware we are dealing with section 21 - statutory powers not listed in the Bill which relate to the functions of the Minister and certain sections of this Bill and...

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: I hope the Minister is right and that this issue will not arise. The Minister for Finance has so many functions that there could well be a citizen who has a particular bone to pick with the Department of Finance and does not know whose function it is. This matter would resolve itself if our earlier amendment - discussed when the Minister was not in the House - had been accepted. It sought...

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: I hope it never will be. I understand it deals with a matter of statutory interpretation in which the Taoiseach would have no role, nor could he overrule a court in its interpretation as to who had a particular function. That is not what is envisaged. Even if it were to be exercised, it is not a judicial interpretation of law. It is a matter of which of the two Ministers has...

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: I move amendment No. 20: In page 20, before section 23, but in Part 3, to insert the following new section: "23.—(1) If any doubt, question, or dispute arises between any Minister of the Government as to the Minister of the Government in whom any particular function is vested by virtue of this Act, such doubt, question, or dispute shall be determined by the Taoiseach. (2) Where the...

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: I compliment Senator Barrett on the amendments, in particular amendment No. 24. The reality is that if accurate work had been done in regard to what is set out in amendment No. 24 in the past ten to 20 years, we might not have some of the problems we face today. On that basis, it is very important to set out this type of prescriptive requirement in the legislation, requiring the Department...

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: I am not sure we could go that far.

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: If one is promoting value for money, one can do that in a local supermarket. Getting value for money is a different thing. This is why it is important to actually state what we are looking for. Senator Barrett is looking for "independently audited assessments of the current, capital, present and future expenditure". It would be fantastic if this were to happen because it never happened...

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: On a point of order-----

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: The Minister was appointed in March. Four months on, this legislation is being rushed through in a matter of days. The Minister is responsible for billions of euro and yet we have spent little time discussing the matter. This is not a new way of doing things. It is the old way and a bad way to do things.

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: It is a flip-flop on the Government's commitments in the programme for Government. I want to make that point. While we will not oppose the legislation-----

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: I have little more to add to what I said about amendment No. 8ain my name. I was praising the Minister in his absence and specifying that some of the work he had done and some of the promises made in the programme for Government should be set out-----

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: I like what the Minister is doing in implementing a Government commitment made in the budget, on which most of us are agreed. There is an impression given that certain politicians are siding with the wealthy, but we are not. I agree with the Minister that this is outrageous. There was a battle at our parliamentary party meeting before Christmas to secure some movement on high pay and...

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: My first point is well worn at this stage. It is interesting to see the Minister applying so vigorously what he affectionately calls the FEMPI legislation which he and his party so vigorously opposed in Parliament. We are where we are, as was said before. On the commitment in the programme for Government to publish all purchase orders in excess of €20,000, will the Minister do that? It...

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: When will the purchase orders be available?

Seanad: Ministers and Secretaries (Amendment) Bill 2011: Committee Stage (Resumed) and Remaining Stages (29 Jun 2011)

Thomas Byrne: It took a year to do it in England.

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