Ivor Callely (Dublin North Central, Fianna Fail)

I thank Senator Paddy Burke for raising this issue. I responded to it when he raised it on Committee Stage. I also thank Senator Quinn for endorsing Senator Burke's comments in this regard. While I agree with the sentiments expressed, the issue goes beyond this Bill. If one considers the workings of the Houses to which Senator Quinn has alluded, one should acknowledge the developments of recent years, whereby autonomous authorities have been established. I presume that if Members agree that this is the correct way to proceed, we do not wish to hamstring them. We do not wish to pull them back by stating that while providing such bodies with their own autonomous authority is the correct course of action, we also want to be in a position to question their day to day activities through the relevant Minister.

On Committee Stage, I explained there is a system in place with regard to the functions and day to day responsibilities remaining with the chief executive of whatever the authority may be. In this instance, I do not wish to continue to refer to the commission. The relevant Oireachtas joint committee is responsible and has the opportunity to challenge the chief executive. While all Members are probably still becoming familiar with those procedures, they are in place.

I agree that a genuine issue exists and that Members are still learning how to deal with the new systems, including the Oireachtas joint committees. However, if Members are dissatisfied with the ways in which they operate, it is probably incorrect to challenge them in this Bill. When this matter was raised on Committee Stage, I suggested to Senator Paddy Burke that it be raised with the Committee on Procedure and Privileges. If this was solely an issue in respect of the operation of the commission, I would take it on board.

However, as Senator Quinn noted, the issue arises periodically in respect of the work of the Houses of the Oireachtas. If that is the case, this is a wider issue concerning previous precedents. As the Bill will establish another commission, should we separate the Houses from its day to day operations? If that is the Members' point, I believe this is a matter for the Committee on Procedure and Privileges. It is the best forum in which to respond adequately to Members' genuine concerns.

This Bill simply proceeds with what is considered to be established practice. I acknowledge the Senators' concerns and that clarity may be required regarding the actual responsibility of the Minister of the day to come before the House, given that his or her sole area of responsibility would be in respect of policy. I hope my officials will correct me if I am mistaken. The functions and day to day operations of an authority — in this instance we refer to the commission — would be a matter for its chief executive. At present, the Oireachtas joint committees, which consist of Members of both Houses, have responsibility in this regard. They are established on that basis so that all Members may inquire of, assist and question the chief executive.

I hope this is helpful. I could tell the Senators that I would accept this amendment, that it would resolve all the known issues and would change everything, thereby setting a precedent. However, that is not the proper way to go about our business. I say this in order to be helpful to the Senators, whose intentions are genuine. Therefore, I suggest to them that they should consider withdrawing the amendment to pursue the issue through the Committee on Procedure and Privileges. I would be happy to take up the matter with the Chief Whip.