Seanad debates

Wednesday, 31 May 2006

National Economic and Social Development Office Bill 2002: Committee Stage.

 

12:00 pm

Photo of Brendan RyanBrendan Ryan (Labour)

This section dealing with expenses is a standard provision included in every Bill but it usually refers to a Minister. The normal wording of such a section is "The expenses incurred by the Minister ... shall, to such extent as may be sanctioned by the Minister for Finance...". The requirement that sanction for expenses incurred by the Taoiseach must be approved by a Minister whom the Taoiseach can sack seems contradictory and is probably unconstitutional. I do not want to start a major row about this, but I believe this requirement is unconstitutional.

The Taoiseach cannot be subject to the sanction of the Minister for Finance whom he or she has appointed and whom he or she can dismiss. He or she can simply ask the Minister to resign. The Taoiseach can sack the Minister at any time. Therefore, how can the Taoiseach be subject to the sanction of somebody over whom he or she has absolute authority? Perhaps the Minister of State can explain the position.

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