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Dáil Éireann debate -
Wednesday, 8 Jul 1981

Vol. 329 No. 3

Ceisteanna — Questions Oral Answers. - Status of Senator.

2.

asked the Taoiseach the exact status of Senator Alexis FitzGerald in the present administration.

Senator FitzGerald has been appointed as Special Adviser to the Government and will advise on all matters of Government policy referred to him by the Taoiseach on behalf of the Government. He will attend meetings of the Government in an advisory capacity. Senator FitzGerald has tendered his resignation from the Seanad.

Would the Taoiseach tell us if Senator FitzGerald when attending meetings of the Government is entitled to speak at such meetings, offer opinions and participate in Government discussions?

The position is that he will be entitled to contribute and invited to do so.

Can the Taoiseach assure the House that this is in accordance with the principle of collective responsibility of the Government as laid down in the Constitution?

Yes, I can so assure the leader of the Opposition. The Attorney General advises that there is no constitutional or legal bar to the appointment.

Can the Taoiseach tell us if Senator FitzGerald is awarded any special facilities by the State? Does he have accommodation and correspondence facilities? Is he in receipt of any remuneration? Could the Taoiseach indicate the situation in that regard?

Senator FitzGerald has an office in the Department of the Taoiseach. With regard to other arrangements in respect of the appointment they will be set forth in the form of a contract to be drawn up and executed on behalf of the Government and their special adviser, the terms thereof being deemed to commence on the date of his appointment.

Will this contract include remuneration? Has he any transport facilities or secretarial facilities?

It has not yet been determined but it will certainly involve remuneration.

It will involve remuneration?

Yes, it is a contract of employment.

Has Senator FitzGerald resigned from the Seanad?

As and from when?

His resignation was tendered immediately at the time of his appointment. It was thought that it would be improper for him to hold the two positions simultaneously.

In effect Senator FitzGerald will participate in Government discussions, attend Government meetings, will have office accommodation, and, presumably, secretarial facilities and will be remunerated?

In fact, he is somebody who is now being imported into the public service by the back door?

The Deputy is the last person who can talk about that.

In response to that interruption—I do not think Deputy Kelly should interrupt the Taoiseach—I never brought anybody into the public service through the back door, never. If Deputy Kelly has any instance he wants to give let him mention it. Let him mention it now.

I do not know about the back door but there cannot have been a more front door than the one through which he came in in so far as I announced his appointment at the same time as I announced the appointment of the Government.

Will the Taoiseach accept the description of this appointment as being so unusual as to amount to a scandalous example of cronyism?

I will accept nothing of the kind. Senator FitzGerald's services to the State over a long period of time qualify him in a remarkable way to advise the Government. His career in the public service goes back over many years. He was responsible for the advice that led to the establishment of the IDA and the export tax relief on which the whole of our industrial development was based and in 1956 he accompanied the then Taoiseach on his first official visit to the United States.

He went with the Taoiseach to the United States?

Yes, in 1956.

How valuable.

His contributions in the Upper House on legislation has commanded the universal respect not merely of the House but of the civil service and even when he was in Opposition he was on occasions consulted on legislation because of his extraordinary expertise in so many relevant spheres.

Will the Taoiseach accept that all of the qualifications he has mentioned in the case of Senator FitzGerald would be available to the Taoiseach and the Government from Alexis FitzGerald as a Senator? I have often heard Senator FitzGerald make valuable contributions in the Seanad and any contribution he would have to make on the affairs of Government and the administration of the country could easily be made either in his capacity as a Senator or in his capacity as an individual. Will the Taoiseach accept that? Will the Taoiseach further accept that it is a perfectly outrageous, outlandish and scandalous thing to make this appointment? Does it not amount to saying to all those distinguished members of the new Government that between them they have not enough experience, expertise or knowledge to advise the Taoiseach on the running of the affairs of the country——

I will always be glad to accept the advice of Senator Alexis FitzGerald.

——and some extra person has to be incorporated into the public service in this manner?

The Deputy had public servants running around Donegal during the by-election campaign, senior public servants.

Deputy Haughey may think it is good politics although I doubt it. The fact is that the country's present situation is such that the Government need all the assistance they can get to govern effectively. In my view the availability to the Government, during their deliberations, of the advice of Senator FitzGerald, just as they have available to them on legal matters the advice of the Attorney General, will be a great strength and of great value in governing the country.

Will the Taoiseach agree that an appointment of this nature was never visualised in the Constitution, is not provided for in the Constitution and, in fact, is a totally unconstitutional type of appointment?

I have already told the Deputy that the Attorney General has advised to the contrary. I have answered that question already.

It is a pity that a few of Deputy Haughey's appointments were not for the benefit of the country.

Is Deputy Haughey afraid we will clear up the mess he left?

We must move on to Question No. 3.

I should like to ask the Taoiseach a question.

We have gone to the next question, I am sorry.

I want to ask a question relevant to the west of Ireland.

Deputy Loughnane is entitled to ask a supplementary question.

Is the Deputy now the Ceann Comhairle?

I have given a lot of time to supplementary questions on Question No. 2 and I should like the Taoiseach to answer Question No. 3.

I should like to raise a point of order.

As a Member from the west of Ireland I demand to ask a supplementary question.

I have moved to Question No. 3, I am sorry, particularly for Deputy Loughnane.

On a point of order, Deputy Loughnane was offering but, through no fault of the Chair, he was not seen. Is it proper that the Chair should deny him the opportunity to ask a supplementary question?

We had gone to Question No. 3. While I have the greatest sympathy with Deputy Loughnane we must move on.

I hope we will at least have some Ministers in the west for the Galway Races.

I have to ask Deputy Loughnane to permit the House to move on. I am sorry I must do this to Deputy Loughnane.

I demand my rights as a west of Ireland Deputy to ask supplementaries.

We have moved to Question No. 3 and if the Deputy continues I will have to say he is disorderly. We have gone to Question No. 3. I am sorry about this but the Deputy is persisting.

I am sorry for the Fine Gael people in the west of Ireland because they do not have a Minister to speak on their behalf.

The Deputy should resume his seat; he is being disorderly.

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