Vol. 437 No. 6
139 Mr. J. Bruton asked the Minister for Finance if he will instruct all Government Departments to introduce legislation to cover all non-statutory schemes operated by them so as to ensure that these schemes are in compliance with the Constitution in view of the judgement of Mr. Justice Keane in regard to the provision on a non-statutory scheme basis of assistance for secretarial assistance for Members of the Oireachtas.
181 Mr. J. Bruton asked the Minister for Finance if he has considered the implications for schemes administered by Government Departments that might be in breach of the Constitution in light of the judgement by Mr. Justice Keane in regard to the administration of schemes without statutory authority in the case of the scheme of assistance for Deputies in regard to secretarial expenses; and the plans, if any, he has to introduce legislation to ensure that any such schemes placed on a statutory basis so as to guarantee compliance with the Constitution.
I will take Questions Nos. 139 and 181 together.
Mr. Justice's Keane's judgement in the case to which the Deputy refers did not advert to the constitutionality or otherwise of any scheme. The affidavit submitted by the plaintiff argued that the absence of a statutory provision for the scheme of secretarial assistance for members of the Oireachtas was not consonant with Article 15.15 of the Constitution which provides that the Oireachtas may make provision for the grant of travelling and other facilities to members by law. This Article has no implications for any other scheme operated by my own or any other Department.
