Brian Lenihan Jnr (Dublin West, Fianna Fail)

I am always amazed by Senators' creativity in terms of amendments tabled in this House and by the amount of time spent trying to deprive Governments and Legislatures of power. Were I to accept the amendment that the Minister secure and allocate any additional resources which are required as a result of his or her actions, I would be asking that he or she not present a Vote to the House, rather that he or she should always seek such resources in accordance with a statutory obligation. The Minister should, at least, retain the power to recommend a Vote to the House and the House should retain the power to approve or disapprove it, constitutionally speaking.

The allocation of resources is a matter for Government in the publication of the Estimates each year. It is not a matter for particular reference in legislation. The Vote for the Garda Síochána is determined in liaison with the Garda Commissioner. The amendment goes further and seeks to oblige the Minister to secure resources which, ultimately, is a matter for Government and for discussion between the Minister for Finance and the Minister for Justice, Equality and Law Reform. I am sure Senator Cummins is not proposing we repeal the Constitution and abolish the system of collective Government responsibility. The amendment also suggests the Minister should allocate such resources. The allocation of resources is a matter for the Commissioner, not the Minister.