Lynn Boylan (Sinn Fein) | Oireachtas source

I move amendment No. 65:

In page 12, between lines 31 and 32, to insert the following: “(c) in subsection (8), to delete “A Minister of the Government shall, in the performance of his or her” and substitute “The Government and a Minister of the Government shall, in the performance of his or her or its”.”.

I echo what Senator Higgins outlined and will set out our concerns and our rationale for putting in this amendment. It is on the back of the High Court finding that the Government was not a relevant body. There was a bizarre situation whereby a Minister was responsible and then magically ceased to be responsible when he or she crossed the threshold of the Cabinet room. I mean no disrespect to the Minister of State but he referred to the difficulty that arose in this regard in the High Court. It was not a difficulty. This was the argument used by the Department to defend itself in court. The Department pointed out to the judge that the Government was not a relevant body because it was not listed as a relevant body in the legislation. Reference was made to assurances that this will not be used again in future cases. I do not understand the resistance to amendment No. 65, which is to ensure that the Government and the Minister are both responsible.