Thomas Byrne (Fianna Fail) | Oireachtas source

The House has had exhausted debate on this issue. I remind the Minister that there is a precedent in this regard. When an Independent Deputy joined the Fianna Fáil Party in the previous Government, she was advised legally, as I am sure Fine Gael and the Labour Party are currently being advised, that she was entitled to keep the money under the legislation. Incidentally, the Minister has not made any changes in this regard in the Bill. Considerable political pressure was applied on the Independent Deputy in question, both by the then Taoiseach, Mr. Brian Cowen, and Opposition parties, to give up her independent allowance. She subsequently and properly decided to give it up, notwithstanding the absence of any legal obligation on her to do so. Similarly, the Fine Gael Party and Labour Party will not be legally required to give up the relevant allowances if the amendment is not accepted. The parties should be consistent with the arguments they made at the time. The then Taoiseach clearly stated that the Independent Deputy in question should give up her allowance. The legal advice from the Oireachtas, however, was to the contrary as the position was very clear in the legislation. It is essential that the Minister accept the amendment. To do so would be consistent and fair.

I repeat that Senators Healy Eames and Bradford are not seeking to have the money paid to them but to be returned to the taxpayer rather than used by the Fine Gael Party for political purposes.