Peter Power (Limerick East, Fianna Fail)

As always, it is an honour and a privilege to address the Seanad and listen to Members' views on this important legislation. Senators will remember that the Houses of the Oireachtas Commission came into being on 1 January 2004, following enactment of the Houses of the Oireachtas Commission Bill 2003. The commission has since overseen the smooth running of services in both Dáil Éireann and Seanad Éireann and instituted a number of significant improvements in the services provided for Members to the wider public. The delivery of these services is largely in the hands of the staff of the Office of the Houses of the Oireachtas, as the Civil Service support structure is formally known.

To remind the House, the commission comprises 11 members under the chairmanship of the Ceann Comhairle of the Dáil, the Cathaoirleach of the Seanad and the Clerk of the Dáil, in his capacity as Secretary General of the Office, who are ex officio members. There are also seven ordinary members, four from the Dáil and three from the Seanad, who are appointed by the Members of each House, and one representative of the Minister for Finance. The responsibilities of the commission include the payment of the salaries and allowances of Deputies and Senators, the payment of the salaries of staff of the Houses and secretarial assistants of Members, the payment of certain pensions and the provision of other necessary facilities to enable the business of both Houses to be transacted.

The fact that Ireland has a bicameral and bilingual assembly presents particular administrative and logistical challenges in the management of the day-to-day business of the Houses. For example, the 2003 Act was amended in 2006 to confirm that one of the functions of the commission was to provide for the translation of Acts of the Oireachtas. However, a co-located bicameral parliament having a shared staff also brings many efficiencies not enjoyed by other parliaments having separate premises and staff. Under the commission, many of the services that would otherwise be provided separately for each House are provided as a combined service, with examples including procedural support for House business and committees, official reporting of debates, the translation services mentioned, security and accommodation, catering, refreshment and other facilities.

The primary purpose of the Bill is to make available the funding for the running of the Houses in the coming years. The current funding comes to an end on 31 December. The Bill proposes in section 6 to make available to the commission a sum not exceeding €360 million to carry out its functions in the three-year period from 1 January 2010 to 31 December 2012. This sum has been agreed with the commission and takes into account foreseen expenditure. It is less than the €393 million provided for the past three years but it must be seen in the context of the current budgetary and fiscal position of the country. The proposed funding carefully balances the needs of the commission with the availability of resources during the period. We should not take for granted the services which it is intended to fund and I urge Senators to reflect on how they might pursue their business in a manner which will support the maximum economy and efficiency in the running of the Houses.

Members will be well aware that the financial provision for public services will be under severe budgetary pressure in the coming years. Negotiations are ongoing for the achievement of significant cost savings in the delivery of public services. I understand the Government and the Minister for Finance expect that any savings to the commission resulting from the outcome of the discussions will be reflected in a reduced drawdown against the amount provided in the Bill.

Aside from the financial provisions, the Bill also provides for a renaming of the Office of the Houses of the Oireachtas as the "Houses of the Oireachtas Service". The purpose of this is to strengthen the identity of the service which is, in many respects, as distinct from the Houses of the Oireachtas or the commission as a Department is from its Minister. The public and parts of the public service often find it hard to appreciate the distinction between the elected Members of the Houses, the commission and the administrative staff of the commission and their respective roles.

The distinct role of the Civil Service staff and senior management structures of the Oireachtas are specifically recognised in the Staff of the Houses of the Oireachtas Act 1959. These structures have served both Houses extremely well and remained in place following the establishment of the commission in 2003. However, significant changes in Civil Service management systems have taken place in the 50 years since the Staff of the Houses of the Oireachtas Act 1959 came into force and it is accepted that the configuration in that Act, particularly in terms of senior management structures, needs to be modernised. In that regard, the Minister for Finance is committed to ensuring, in co-operation with the commission, that the administrative structures of the Oireachtas do not become out of step with Civil Service norms in terms of adapting flexibly to the needs and demands of modern management practices.

The renaming of the office comprising the staff of the Houses as an entity to be known as the Houses of the Oireachtas Service does not affect the operations of the service or its relationship with the commission under the 2003 Act and the commission retains all the powers and functions conferred by that Act. However, the change in title may facilitate further development of the service and closer integration of the service with the commission as its governing body in future legislation. Section 2 provides for the renaming, while section 14 and the Schedule, Parts 1 and 2, update the references to the Office of the Houses of the Oireachtas in other Acts and statutory instruments.

The Bill also includes some technical amendments to the existing legislation and I take the opportunity to present them briefly to the Seanad.

Section 3 sets out the advice and support function of the newly named Houses of the Oireachtas Service which is identical to that currently carried out by the office. Section 4 sets out, in greater detail than heretofore, the functions of the commission in providing for the running of the Houses and its policy determining and oversight roles. It also includes new measures clarifying the commission's accountability to the Houses for the performance of its functions and obligation to secure value for money in the use of resources. It also clarifies that the charge to be levied by the commission under the existing legislation for the provision of certain services and facilities for outgoing Members following a dissolution of the Dáil is to be for the period of dissolution only.

Section 5 is a new provision for the drawing up of a code of conduct for commission members. While they are already covered by other codes, these are not specific to that role and a uniform code is desirable in the interests of good governance. The purpose of section 7 is to bring the process for the removal of a commission member more into line with that used for Oireachtas committees.

The 2003 Act specified that Oireachtas staff who were civil servants before the establishment day specified in that legislation continued to be civil servants after that day but did not legislate specifically for those appointed subsequently. Section 8 amends the original section to include both categories in the civil servant classification.

The objective of section 9 is to amend the original legislation to provide a statutory basis for the procedures to be followed by the commission if a Supplementary Estimate is required in any year. This is in line with current practice since the establishment of the commission.

Section 10 is a new provision setting out the role, membership and functions of the audit committee. The commission's audit committee is currently established on a non-statutory basis and has been in place since 2004. The section reflects the current membership and practice, with the exception that it proposes that the commission may appoint up to three external members where currently it has only two.

Section 11 which replaces section 15 of the 2003 Act updates the provision of the 2003 Act by designating the Clerk of Dáil Éireann as Secretary General of the "Houses of the Oireachtas Service" and chief executive of the commission. It also designates the Secretary General as the officer accountable for the commission's accounts.

Section 12 expands on the Secretary General's functions as set out in the 2003 Act, including accountability to the commission for ensuring economy, efficiency and effectiveness in the use of commission resources and the preparation of a statement of values for the service. The section also clarifies the Secretary General's role vis-À-vis the commission with regard to various other statutory functions.

Section 13 restates the commission's responsibilities with regard to injury claims made by secretarial assistants employed by Oireachtas Members or political parties. It also repeals the relevant sections of earlier Acts which it supersedes.

The usual definitions, Short Title, collective citation and commencement provisions are contained in sections 1 and 15. It is intended that the Bill will come into effect on 1 January 2010.

Most of the proposed changes are minor or technical in nature. However, they are intended to give greater clarity and functionality to the legislation underpinning the service on which we all rely. Senators will appreciate that the process of updating the legislation is ongoing. I have no doubt that in a few years' time other, possibly more significant, changes, including, as I signalled, to the Staff of the Houses of the Oireachtas Act 1959, will be required to keep up to date with best practice and developments in the way our parliamentary business is done and wider developments in public service management. The three-yearly budgetary process is valuable, not just in facilitating financial planning but also in giving an opportunity to reflect on the adequacy of the structures underpinning the management of our institutions and their funding.

In summary, the Bill is designed to enable the Houses of the Oireachtas Commission to continue to provide the services which have facilitated both Houses in the carrying out of their work in the past six years and to facilitate their further development. Members will agree that these objectives are worth pursuing. It is important also to point out that the changes proposed in the Bill have been approved by the commission. Accordingly, I commend the Bill to the House.