Ulick Burke (Fine Gael)

I move amendment No. 1:

In page 6, before section 3, to insert the following new section:

"3.—References in the Principal Act to the Minister for Education and Science shall be construed as references to the Taoiseach.".

I welcome the Minister to the House. On Second Stage yesterday, I acknowledged the fact that she had a very difficult task in taking over at a time when great difficulties were identified in respect of the commission and its workings. This was particularly the case following the resignation of Ms Justice Laffoy and the problems that created. They were not imaginary difficulties and the frustration clearly identified in her letter of resignation highlighted for many that the whole area of responsibility should be taken away from the Department of Education and Science. It was highlighted by way of saying that the Department of Education and Science was investigating itself through the commission. In other words, the commission was investigating the Department and it would be far more appropriate if the investigation was under the auspices of the Department of the Taoiseach.

Initially, it was the Taoiseach who offered the apology. He has given his opinion on the whole matter on various occasions and has indicated his support for the commission. It is necessary to break the link between the Department of Education and Science and the commission because of the track record and the difficulties shown up.

When people say that the Department of Education and Science stymied progress and did not co-operate with the commission, these are very serious charges. No doubt they had weight and truth in them. For that reason it is important that this concern, which is shared among the various parties, is addressed and that there should be a change from the Department of Education and Science to the Department of the Taoiseach. The complainants who have come before the commission have serious concerns about the way the Department of Education and Science handled their individual cases. There are questions to be asked about what the Department knew, in certain cases, in the past. There are also issues concerning incorrect information being given in the Dáil in response to parliamentary questions as far back as the 1980s. Questions arise as to what the Department knew, how it reacted and what information was given. Somebody knew.

Many personnel in the Department of Education and Science today had nothing to do with what had happened in the past. The charge I am making has nothing to do with the current complement of professional people in that Department. I fully support whatever action they are taking now so that this situation never happens again. That is probably why we are here today, to put in place a framework that will ensure nothing like this will ever happen again and that Departments and Ministers will never have to deal with similar occurrences. It is imperative, therefore, that responsibility be transferred from the Department of Education and Science to the Department of the Taoiseach. This should be a fundamental part of the legislation. It would change it, without any aspersions being cast on the current Minister or her actions and what she intends to do.

I have no doubt that progress has been made in recent times and that is welcome. Many complainants have been satisfied, to a degree, in the fairly recent past under the current workings of the commission. Nevertheless, in the interests of the many people who have expressed concern about the Department's inability in the past, allied to the breakdown in trust that exists, this matter must be seen to be rectified.