Joe Costello (Dublin Central, Labour)
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Question 204: To ask the Minister for Finance the reason the credit institutions financial support scheme was not open to amendment when debated in Dáil Éireann on 17 October 2008; if the advice of the Attorney General has been sought on the matter; and if he will make a statement on the matter. [36876/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Department was advised by the AGO that the scheme presented for approval by the Houses of the Oireachtas was the scheme approved by the European Commission as constituting a State Aid compatible with the EC Treaty. The EC Treaty requires that the State Aid be approved by the Commission and Ireland is not entitled to unilaterally alter the terms of the State Aid so approved. Any material amendment to the scheme would therefore have resulted in the Dáil/Seanad approving a scheme which had not been declared by the European Commission to be compatible with the EC Treaty. This would have required the presentation of the revised scheme to the European Commission for approval and it would, in any event have delayed the introduction of the scheme and thus the granting of the guarantees.