Kathleen O'Meara (Labour)

Senator Higgins has elucidated the comments of the Information Commissioner on the issue of extending the definition of Government, particularly in relation to this constitutional unrecognisability. I fully support his remarks. It is extraordinary that a Bill containing a provision which an independent officer would call constitutionally unrecognisable should come before either House of the Oireachtas. Senator Mansergh said that modern Government is complex. However, the Constitution is very clear on what constitutes Government in this country and that is unchangeable. Although I am not a lawyer, it seems to raise a major question over the constitutional reliability of this legislation.

Senator Mansergh stated that the Government's intentions in respect of the committee of officials are clearly set out in the legislation. He also stated that the committee would assist the Government in a particular matter. However, the section later defines an official as "a person holding a position in the Civil Service or the Government or the Civil Service of the State" and "a special adviser". Having been a special adviser, like Senator Mansergh, I know they do make a contribution from time to time.