Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 61:

In page 31, to delete lines 36 to 39.

Amendments No. 61 and 62 are very simple. They seek to delete provisions from the Bill which would prevent the chief executive of the new regulatory authority from questioning or expressing an opinion on Government policy in the context of a joint Oireachtas committee. We believe this is an unnecessary and incredibly restrictive provision which prevents committees from doing their work in engaging in meaningful scrutiny with certain public representatives on matters of relevance and importance. There have been a number of occasions in the last 18 months where public representatives, who have significant subject matter expertise and responsibility, have had to refuse invitations to appear before Oireachtas committees on relevant matters owing to equivalent provisions in other Acts.These provisions are unjustifiably restrictive and have had the impact of gagging those who are serving the public in positions of really significant responsibility.

We should instead be empowering public representatives and those public servants charged with regulatory functions, in particular, to express their views and contribute positively to the development of good policy, practice and legislation. Again, this is not unique to this Bill. It is a practice that has been coming in recently. It is an extremely poor and undemocratic practice and is one that is diminishing accountability in a number of areas. We effectively go through all these Bills we pass, to try to ensure that we have people charged with a significant responsibility, on behalf of the State, to be the experts in an area, to fully examine, regulate and be the key oversight on that area. We then effectively gag them to the point where they are not able to answer questions from Oireachtas Members. Persons charged with and paid for the public responsibility are not able to answer questions from public representatives because they are not allowed to speak on any matter that might affect Government policy. Government is government. It is able to set policy. It has the majority. There should not be such a sensitivity that Government cannot even bear to have its policy discussed or questioned by those who may have insight into the issue and which may lead, not in a combative but constructive way, to the improvement of that policy and to making it more effective.

I am conscious this is not an innovation of the Minister of State. It is a practice that has come in recent years within a number of pieces of legislation established by new regulators. It is an extremely poor practice and we need to call it out each time it occurs. Unfortunately, and I say it again, it is not unique to the Minister of State or this Bill, but it is a practice that has been reintroduced. We have seen the impact in the decline of invitations to speak to joint oireachtas committees from persons who have something potentially significant to contribute to the debate of issues of public interest.