Thomas Byrne (Fianna Fail)

Senator Noone can correct me if I am wrong. It is a long time since I studied constitutional law, so I will not claim to have any particular knowledge or expertise in the area, as I do not. However, I did not understand that a Minister could raise the amount of tax through delegated legislation or through statutory powers. If a Minister were able to do that or if that were the practice, all of the financial resolutions of the Dáil last night could be done by ministerial order. Why would we need the Oireachtas to raise motor tax, carbon tax or VAT if a Minister could get a statutory power like this provision to allow him to do it?

The provision does not state the Minister must increase it by the amount of the consumer price index, as it is defined here, although it states that the Minister must have regard to it, as I read the section. I do not mind if there is a statutory provision that states it must go up or go down in line with the consumer price index. Let us not forget in recent years there was a negative consumer price index, so does this mean it would go down? I believe the Minister is allowed to do that.

The raising of taxation is a matter for the Oireachtas, the Dáil in particular. I do not know why we are giving that power to a Minister or why a Minister would want that power. It seems fundamentally undemocratic. I would like the Minister of State to explain why the Minister needed to go to the Dáil last night to raise carbon tax and all those other taxes but it is proposed in this section that he does not have to do that. It is too much power and it should not be allowed.