Seanad debates

Tuesday, 20 June 2006

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

 

8:00 pm

Photo of Brendan RyanBrendan Ryan (Labour)

I oppose the section. The rhetoric of partnership involves consensus, consultation and everybody holding hands and being sweet with each other. Therefore, it is surprising to come across a section which states "The Taoiseach may, after consultation with the Office and any relevant Minister of the Government who has representation on the body concerned, by order dissolve the Council, the Forum, the Centre or any body." Section 35(2) states "An order...shall contain such provisions as the Taoiseach thinks necessary."

The proposed legislation comprising 42 sections has taken four years to pass through the Houses of the Oireachtas to set up three or four bodies — I can never figure out how many — plus any other bodies, yet the Taoiseach can dissolve any of them by a stroke of his pen. I do not suggest malevolent intent but I would like the Minister of State to explain why this must be done by order rather than by amending legislation. I can understand procedural issues may arise or there may be a need to replace members and so on but at the very least we ought to have a statutory instrument which would require the approval of both Houses of the Oireachtas to do this.

The measure is probably legal and constitutional but it is dubious in terms of the spirit of the Constitution to have a series of bodies set up by statute that can be abolished by order of the Taoiseach.

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