Charles Flanagan (Laois, Fine Gael) | Oireachtas source

It is my intention to propose, with the support of Senators, the deletion of subsections (2) and (3) from section 49. I heard Senator McDowell go further and say that, irrespective of that proposal, he intended to oppose section 49 because he did not see merit in it. He does not have any regard for the laying before the Houses of the Oireachtas what will be no more than a statement of information. The provision of information for Members of the Oireachtas is important. It represents an important channel of communication by the Executive with the Legislature. What the Legislature does with it is entirely a matter for the committee or a plenary session of this or the Lower House. We are in an era of information and the provision of information is important. That is why it is not my intention to remove, in its entirety, section 49. There is good reason to leave subsection (1) in the amended section 49 to which we will I hope agree at some stage.

Senator McDowell states my approach is unnecessary because he is in the Law Library and familiar with the candidates for high office. That may well be the case, but there are many elected Members of Dáil Éireann and, I dare say, Seanad Éireann who might not be as familiar with the candidates or the process as the Senator and his colleagues. That is why the provision of the information is important. I refer to what is really no more than basic information, a short report on the implementation of an Act of the Oireachtas. Far from it being unusual, it is becoming more commonplace and I support it. The measure is no more than an additional element of accountability on the part of the Government in the matter of its relationship with the Legislature. I refer to the fact that there may well be an interpretation by some that there is duplication in the publication in Iris Oifigiúiland the formal laying before the Houses of the Oireachtas of a brief report. I do not agree. I see a reason for the measure in question, given the nature of the debates that might take place as a result of the laying before the Houses of the brief report. That will be a matter for the Houses, but Senator McDowell is right to point out that such a debate will obviously be subject to restrictions insofar as the role, duty and obligation of the Government in the appointment are concerned. Also to be borne in mind is the concept of Cabinet confidentiality. Should the justice committee or the Seanad decide to call in the Minister for Justice and Equality to deal with certain aspects of the report, it would be the time and place to consider the nature of such a debate and whether it might take place. I am not minded to remove section 49 in its entirety, having regard to the basic information that will be contained therein.

As regards the amendment, we have already accepted amendment No. 87b which inserts a new section 42 into the Bill. We described it at the time as the provision of information for applicants. I accepted that amendment in February on the basis that, in the event that there was an unforeseen difficulty, we could revisit it. Paragraph (a) of the new section obliges the commission to inform each applicant in respect of the office in question whether he or she was among the persons represented by the commission in the form of a recommendation to the Government. I recognise a potential overlap, not a direct one, with the proposed new subsection (2) in amendment No. 96b. It might even be a clash because the proposed subsection states the commission will not be prevented from informing applicants whether they have been recommended to the Government, but amendment No. 87b requires the commission to inform the applicants whether they were recommended. I do not want to see a potential difficulty that might be the subject of misinterpretation that might give rise to uncertainty.

As regards the proposed section 49(1) in amendment No. 96b, I support the principle. I would like to see how we can protect it in addressing the matter. I will consider it, but I am not minded to remove section 49(1) for the reasons stated.