I am very pleased to welcome the establishment of the Select Committees on Finance and General Affairs, Legislation and Security, Social Affairs and Enterprise and Economic Strategy.
In 1989 my party proposed exactly this type of committee structure for the Dáil. The essence of this structure is that, whereas in the past Committee Stage of all legislation was dealt with here on the floor of the House rather than in an actual committee, as were the Estimates, these two important items of business in future will be dealt with in a genuine committee. The importance of this is that, as a House, we will be enabled to do three and four times as much work as we could otherwise be doing.
There is a lot of criticism of this institution on the part of people outside who contend that we do not sit long enough, we do not sit sufficiently long hours, weeks or months in the year. In my view the object of us in politics should not be simply to sit longer hours for appearances sake. Rather our objective should be to do three and four times as much effective work as we are now doing; it should be to improve our work rate rather than simply our working hours. This proposal to introduce a genuine committee system for the mainline business of the House is a means of doubling, trebling or even quadrupling the work rate of this House. That is why I welcome it. That is why I may say, with no false modesty, I proposed it in 1989.
I am very glad that the parties forming the Government have adopted almost exactly the proposals I made, which were included in the Fine Gael Programme for Government forwarded to the other parties prior to the opening of the negotiations between the Labour Party and Fianna Fáil, and which Labour and Fianna Fáil have now adopted as part of their programme.
I want to make a few points about the way in which this will work. I fear that the committee work will not get the prominence in the media it deserves. Publicity is the oxygen of politics in that, without a measure of publicity politics dies and politicians lose interest in their work because they are not seen to get the credit that is important to them for what they are doing. One of the obstacles to publicity of proceedings in committees, particularly on live television or live radio, is that there is not clarity as to the privilege applying to things said in committees, particularly by witnesses who are not Members of the House. One of the reasons RTE would not provide televising of committees was that they were not sure that they might not be sued if something said there was slanderous.
That is the case because we have not passed the legislation to provide for the privilege and compellability of witnesses. I might remind the House that the requirement for legislation in regard to the compellability of witnesses before committees of this House dates back to 1970. The need for compellability of witnesses arose from the fact that, I believe, a Member of this House refused to appear before a committee of this House which was investigating matters arising from the Arms Trial. It is that long, 20 years and more, since committees of this House have sat without this power to compel witnesses. The intention to introduce legislation to allow for the compellability of witnesses and, consequently, for the privilege attaching to witnesses who are compelled to attend, has been promised by Government after Government. I say very clearly to the Minister of State that this experiment will not work unless that legislation is passed because the media will not be satisfied to give publicity of the type that this work will require. I hope the Minister will be able to do something very definite about having that legislation introduced. I might suggest that he set a time limit for its introduction by the summer recess this year.
I very much welcome what was said on behalf of the Minister of State by Deputy Power in regard to the fact that henceforth Estimates will be examined line by line. This will mean, for example, that one will be able — if, say, one feels that the amount that the Department of the Gaeltacht is spending on consultancy services has risen too quickly, that they are spending too much on consultancy services and not sufficient on grants to people who speak Irish — to raise a point about a particular subhead and say: "there is too much being spent there and too little being spent somewhere else". That will be very welcome and will mean we will be able to scrutinise spending in the same way that a local authority would scrutinise the individual lines of a local authority estimate. This House is most unusual, as a body authorising public spending within the Irish administrative system, in that it does not allow for line by line examination of Estimates. In every other statutory authority where the spending of money is authorised, line by line examination is possible.
There are two things that need to be done if this committee system is to work. First of all, the Estimates must be introduced in this House before the money begins to be spent. At present we have not discussed a single Estimate for any Government Department for 1993 even though one-third of the year has already elapsed. When we do eventually get to discuss whether a given amount should be spent on, say, consultancy in 1993 by a particular Government Department, the likelihood will be that half of the money, if not all, will already have been spent. In other words, if we attempt to reduce the amount for a particular purpose, we shall be attempting to close the stable door after the horse has bolted. Therefore, if this committee system is to work it is essential that Estimates be published in September or October of the preceding year, which is the case in most other European countries.
The other change that needs to be made if this is to work is that committees must be allowed to amend Estimates. It is not sufficient simply to have an opportunity to make a comment, line by line, on individual Estimates. If the debate in the committee on Estimates is to be in any way meaningful it must be possible for a member of the committee to propose that the amount, say, provided for consultancy should be reduced by £10,000, that that £10,000 should be transferred to grants for a particular purpose or whatever. There has to be the capacity to introduce amendments to transfer spending from one subhead to another. Of course, it should not be possible for the committee to increase the overall amount of any Estimate; that is clearly a matter which should lie solely within the discretion of Government. Within the overall Estimate, there should be a means for a committee to propose reallocations of expenditure from one subhead to another.
I would ask the Minister to consider those two changes, the first to ensure that Estimates are published in time so that their discussion in the committee will be able to influence what happens rather than after the event and second, that committees should have the power to propose amendments to the Estimates within the overall figure, the latter properly being a matter to be determined by Government and not by this House.
I welcome the fact that the committees will publish annual reports. I question the division of equality and law reform between two committees, so that the Minister for Equality and Law Reform, Deputy Taylor, will be responsible to two committees rather than just one. The Minister of State, through Deputy Power, has said he wants to continue with this process. I think he is making a mistake in that respect but that is really a matter for him and I shall not make an issue of it.
Deputy Power's speech delivered on behalf of the Minister of State contained a statement to the effect that it was intended to have a regular review of the committee system. I welcome that proposal, but I want to ensure that it is not just the usual well-intentioned statement that Ministers make whenever matters of this kind are being introduced. I remind the Minister of State, if he is not already aware of it, that at the time the televising of Dáil Éireann was introduced, it was agreed that a broadcasting review committee would be established. That has not happened. I hope such a committee will be established — perhaps the Minister of State will clarify the point — and that his statement that the operation of the committee system will be reviewed is a statement of intent which will be fulfilled and does not represent a token genuflection.
I welcome the statement on behalf of the Minister of State that legislation relating to the question of privilege for witnesses will be introduced. It is important also that the House should make regulations governing the exercise of privilege by Members of the House. Given that Members have absolute privilege they can say anything they like about people outside the House. They can accuse them of any crime under the sun and the person outside the House has no right of redress; they cannot do anything to vindicate their reputation if a Member of this House chooses to abuse its privileges by making unsubstantiated allegations against somebody outside it. It is clear from recent court decisions that the courts will not intervene to vindicate the rights of any person offended or whose reputation has been taken away by a Member of this House by an irresponsible statement.
If the courts do not have jurisdiction in the matter then the House must have jurisdiction and must be willing to regulate the use of privileges conferred on Members. It is imperative that the House should guide Members on how they should use privilege in regard to the statements they make about people outside the House and ensure, if Members manifestly abuse privilege by, knowingly, making false and irresponsible allegations about people outside the House, that it can discipline those Members for abusing their privileges in this House.
I do not want to refer to matters which are currently sub judice or the subject of discussion elsewhere but it should be recognised that Members of this House who make the law should not be seen to be above it. If Members can say anything they like about people outside the House who do not have a tribunal to whom they can turn to seek redress when an irresponsible and untrue statement is made by a Member of this House with the result that their reputation is taken away then, de facto, Members of this House are above the law. This should not be the case and I hope this will be changed in the legislation. I am dealing with this matter in general terms and not referring to any specific instance although I am sure many Members have a specific instance in mind.
Furthermore, if the committee system is to work Ministers must be willing to accept amendments. Like Deputy Rabbittee and Deputy O'Malley who was then Minister, I served on the special committee which dealt with the Companies Bill. That was a very good committee but from one day to the next one did not know whether amendments would be accepted. I got the impression on occasions that if Deputy O'Malley was in good humour he might be willing to accept an amendment whereas if his Minister of State was present and had not been given instructions it did not matter how good one's arguments were, an amendment would not be accepted. This is an abuse.
The Cabinet Minister concerned who has the authority should attend or, alternaively, should make sure that whoever attends on his behalf will have the freedom to accept amendments. Otherwise, Members will not bother with the committees. Given that they will not receive much publicity unless they feel they will be able to make an impact by having some of their proposals accepted the system will collapse. It is very important, therefore, that the Cabinet colleagues of the Minister of State mut attend and be willing to accept amendments within reason or ensure that the Minister of State who will be attending on their behalf will have freedom to make decisions on the spot.
As someone who has been in Government, we should be wary of the risk of hyper-caution on the part of officials who, because an argument is made by a politician and not from some other source, are slow to accept it. I am aware that a strong Minister or Minister of State will pay no attention to this but officials should be advised that this is a very important experiment, that they should be willing to listen to the arguments by Members of the House and not be cautious in relation to any new idea which they did not think of themselves.
I have reservations about the payment to be made to conveners. However, I welcome the fact that the Government proposes to pay Government and Opposition party conveners. I have no doubt that the members of my party who will act as conveners for our group will be more than willing to accept anything the Minister has to offer in this regard and that the money will be divided on a pro rata basis. However, is it wise, from the point of view of public relations, to pay people to do what they should be doing in any event? If one is a member of a committee and receives notice in the post he or she is expected to turn up for the meeting without having to be reminded by a telephone call. We are all adult and responsible, we should consult our diaries to remind us of appointments. For instance, I know that I should be somewhere else now. There is a meeting of my own party which I cannot attend, but I do not need a convener to tell me.