Feargal Quinn (Independent)

I move amendment No. 37:

In page 22, to delete lines 7 to 10.

I urge the Minister to give serious consideration to this amendment. The wording contained in the section 32(2) smacks of a previous era and seems to envisage different rules for different committees. The subsection states that the chief executive, if required to give evidence under subsection (1) – which refers to giving evidence to a committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and the reports of the Comptroller and Auditor General –"shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy." It is incredible that this wording should appear in legislation. Wording of this nature has no place in modern legislation. To the best of my knowledge, such wording appeared on only one previous occasion and was withdrawn by the Minister concerned in response to a strong case made by Senator O'Toole and others.

The provision that the chief executive "shall not question or express an opinion" is extraordinary and refers only to one particular committee, namely, the Committee of Public Accounts. It is clear from the next section that there is no such restriction in relation to other committees. It is possible for the chief executive to appear before any other committee and express an opinion on the merits of Government policy. I cannot accept that the proposed restriction in relation to the Committee of Public Accounts has any place in good governance, legislation or the rules or standards for this nation. I am amazed that it should appear here. I do not know from where it came. Perhaps, having been buried in the archives, it has appeared by mistake. Is it a word processing error? Following the withdrawal of a similar wording on the previous occasion to which I referred, I did not expect to see it reappear. I hope it is, in fact, a mistake and I urge the Minister to confirm that it is inappropriate, in a modern democracy, to prescribe that a chief executive shall not question the merits of Government policy. The Minister should say mea culpa and remove that provision from the Bill.