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Dáil Éireann debate -
Tuesday, 19 Oct 1993

Ceisteanna — Questions Oral Answers - Oireachtas Committees' Terms of Reference.

Desmond J. O'Malley

Question:

4 Mr. O'Malley asked the Taoiseach if the Government proposes to revise the terms of reference of the new Oireachtas committees to make them more effective; if, in particular, proposals will be brought forward as a matter of urgency to empower the committees to compel witnesses to attend; and if he will make as statement on the matter.

Since its formation this Government has introduced a range of reform measures which have radically changed the way the Dáil conducts its business. These include the relaxation of thesub judice rule, a separate Taoiseach's Question Time and, to streamline the passage of legislation, the introduction of time limits to Second Stage speeches and, perhaps most importantly, the formation of a new committee system covering all the areas of Government legislative activity.

All the Whips are agreed on the importance of getting the new committee system right and recognise that it is still experimental in the way it operates. However, there is general agreement that the committees are working very effectively in their role as legislative committees.

During the last session committee meetings were held on Fridays. For this session the Dáil will meet in plenary session for four weeks and committees only will meet in the fifth week. The suggestion that the Dáil should meet in this way came initially from an Opposition Party. The Government accepted the merits of the proposal. I believe this is a clear indication of the Governments willingness to listen to constructive proposals from all sides.

I recognise there are still difficulties within the context of Dáil proceedings and practices that need to be addressed but these will be addressed with the agreement of the Whips. I am preparing further reform measures, including measures to improve the operation of the committee system, which I will be discussing with the other Whips.

With regard to the issue of privilege and compellability of witnesses before Oireachtas committees, legislative proposals are being prepared by the Minister for Finance. It is envisaged that such legislation will be published this session.

Notwithstanding any agreement that might have been reached in previous days, I am not happy that the committees will sit for two weeks and that in effect there will be no Question Time in the Dáil in those two weeks. Is it envisaged that Ministers will be held accountable to these committees?

Ministers are accountable to the Dáil and always have been. Agreement has been reached between the Whips in relation to the sittings of the committees for the current session.

Will the Minister of State agree that it is unsatisfactory that, during two weeks of this short session, Ministers will not be accountable to committees or to this House?

This happens to be the longest ever autumn session of the Dáil in that we resumed early in October. The two weeks taken out of business up to Christmas render the plenary session of the House similar in length to all previous sessions.

Will the legislation concerning the privilege and compellability of witnesses apply to all Oireachtas committees or to some only and, if the latter, which will be included in the legislation and which will not? Can the Minister of State give the House an assurance that never again will there be an attempt by the Government to rush legislation through at the beginning of the summer recess given that, with the committee system, the Government has no excuse for so doing in that all legislation can be adequately processed through the committee system without that type of bad process occurring?

I am never happy to see legislation rushed through the House. If Deputy Bruton were ever to become Taoiseach could he give a commitment along the same lines?

It is easy to give it.

I would be happy if I were to be held to it.

The Deputy will never have that problem. I know you would be very happy to be in that position but I do not think you will be.

I would be very generous.

Lay the bets now.

Privilege and compellability will apply to committees that have the power to send for persons and papers.

It is important to note that all the Whips agreed to the proposals for committee week. It is not true that Ministers will not be held accountable because other facilities have been built into the proposals, including the right to written replies and adjournment debates during the week in question. I should like to put on record that the Minister of State has been amenable to this experiment of a committee week, a proposal which originated in my own party and which we expect will be successful.

Thank you.

We have not had a question as such but praise-worthy comments.

I should like to endorse the comments of Deputy Kenny. The system is working well and the Minister of State, in particular, has been forthcoming in regard to Opposition suggestions. I hope he will be forthcoming in regard to what I am about to suggest to him, that the legislation concerning compellability and privilege of witnesses should not be confined solely to the committees that have the power to send for papers. For example the committee which is now examining the Glackin report does not, as I understand it, have that power. Would the Minister agree that the new committees established in this Dáil should have that privilege, and compellability too?

I want to come back to Question Time.

I thank Deputies for their kind remarks. In the same spirit in which I have operated with all these matters I will consider the points put forward by both Deputies at the appropriate time. This is something that can be raised during the Committee Stage of Legislation.

In the case of the Glackin report — which dealt with Telecom — can the Minister clarify why it was not referred to the Joint Committee on Commercial State-Sponsored Bodies rather than to the Select Committee on Enterprise and Economic Strategy.

Initially, at the request of the Opposition, it was referred to the Select Committee on Enterprise and Economic Strategy. If the Deputy is suggesting that it may be more appropriate to another committee that is something that can be looked at.

May I ask the Minister of State to which committee will the Taoiseach be answerable during the two weeks when the committees only will meet?

As always the Taoiseach is answerable to the House.

Would the Minister agree that there is concern among many Members, not just Members on this side of the House, at the increasing number of important announcements being made outside the House, thereby denying us the opportunity to cross-examine the Taoiseach and his Ministers? Would the Minister agree further that in these circumstances Question Time is of particular interest and usefulness to the Opposition and, consequently, that its importance should not be diminished?

I agree that the importance of Question Time should not be diminished. The arrangement we have made meets the concerns of the Deputy. Question Time will continue to be an important part of the plenary session of the House. In addition we are retaining the adjournment debate procedure, and that, too, will afford Members the opportunity, during Committee week, of asking Ministers to address matters of concern. In the first session of the House we tried to impose, to a certain extent, the new system on the old by having committee meetings confined to certain days. Members were gravely dissatisfied with that system on the grounds that it was very disruptive of their business and their schedule. This is an attempt to address those concerns. As I have said already, if this system does not work we will try something else and in that regard I am amenable to suggestions.

With reference to making committees more effective I should say that during the period when it was alleged that Deputies were on holidays six Bills were put through Committee Stage. Had the committees not met during that period every week between now and Christmas would be taken up with those six Bills which are now at Report and Final Stages. The committees were set up to process legislation more quickly and in that respect they have been successful. However, a certain amount of confusion seems to have arisen. Some Members would like to see the role of committees extended but that is something which can be examined in the future.

Deputy De Rossa rose.

Perhaps a final question from Deputy Bruton. I want to get on to other questions if I can, they are all very important.

If there is confusion would the Minister of State agree that some of it seems to be in the Government service since the House has come close to collapse on a number of occasions during the past couple of weeks as a result of the Government not having enough business for us? The Minister of State needs to remind his ministerial colleagues that they should come forward with their legislation now rather than in the week before Christmas.

The Minister of State has already made that view known as has the Taoiseach on several occasions. In fact he gave a commitment in this House that, apart from exceptional circumstances, Bills would be published two weeks in advance of being taken. The Whips try to order the business and put it together on a week to week basis. Recently Fine Gael has sought five hour debates on Second Stage of Bills but they have not produced speakers to fill their slots in those five hours. Let us have some give and take on both sides.

I welcome the introduction of the committee week system, a suggestion I made in a submission about a year ago. Can the Minister indicate at what point the operation of this new system will be reviewed? Can he give a guarantee that concerns that may arise, as a result of its operation, will be taken on board?

We will review the new system after each session. For example, in January next, we will review the system as it will have operated in this session. When the system was introduced last year I gave a commitment that at the end of the Parliamentary year — coming up to the summer of next year — we would have a major review and a debate in the House and that we would try to incorporate whatever changes may be recommended. As mentioned in my reply I am bringing forward further reform proposals, many of which are based on suggestions made in debates and in the discussions I have had with the other Whips.

Question No. 5 please.

I propose to take Questions Nos. 5, 6 and 7 together.

Before the Taoiseach proceeds I observe we are coming very close to 3 p.m. and, in accordance with amended Standing Orders, questions to the Taoiseach were to conclude within half an hour. In taking a number of questions together the Chair finds itself in a difficulty.

Postpone it.

I would suggest, respectfully, the time for the Taoiseach's questions is now exhausted. Is it agreed that these questions appear on tomorrow's Order Paper? Agreed. I now proceed to deal with Priority Questions.

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