Derek McDowell (Labour)

The comment was made on 12 December 2002. Deputy Aylward, a member of Fianna Fáil and one of the Minister's Government colleagues, stated on 15 January 2003, at which stage the social partnership talks were well advanced, that he was satisfied and had checked that an unambiguous commitment had been made. Deputy McGuinness of Fianna Fáil wrote to the representatives of Comerama workers on 20 January 2003 and stated the Minister had given "a commitment at our meeting on 12/12/02 to ensure the workforce of Comerama are included in any new deal which would be agreed." He went on to welcome this saying it was positive news.

The Minister is saying she did her best and retrospection is not possible. Given the commitment made and the number of workers involved, natural justice demands that if the Minister and the Government cannot make payments within the statutory framework, there is an obligation on them to find another way to do so. The Minister is seen by the people of Kilkenny to have given her word on the issue and it is important that she should deliver on it. If the Attorney General is telling her that she cannot make retrospective provision under this legislation, she needs to find another way to do so soon. This is only one case. There are other cases in which she has been less directly implicated because Government backbenchers have given commitments on her behalf which may have been authorised.