Dáil Éireann debate -
Tuesday, 4 Apr 1995

Vol. 451 No. 5

Ceisteanna — Questions. Oral Answers. - Drafting Assistance.

Michael Woods

Question:

2 Dr. Woods asked the asked the Taoiseach, in relation to the current reorganisation of the Office of the Attorney General, if he will make resources available in the draftsman's office to facilitate and assist members of the Opposition in drafting Private Members' Bills and Committee and Report Stage amendments; and if he will ensure that any proposed recruitment will take into account the need to provide services to the Houses of the Oireachtas as well as the Government. [

The Taoiseach

In essence what the Deputy is proposing is that the parliamentary draftsman's office would draft Bills for members of the Opposition and would draft Opposition amendments to Government Bills which had been drafted in that office.

Having examined the Deputy's suggestion, I have to say I do not consider that would be a feasible arrangement. Furthermore, I am advised that it would give rise to constitutional difficulties because of the separation of the Legislature and the Executive. Under the Constitution the Attorney General is the legal adviser to the Government and, therefore, both he and the members of his staff are precluded from giving legal advice or assistance to Members of the Oireachtas, other than members of the Government.

Mr. Cowen

Deputy Woods apologises for his absence at Question Time but, due to the cumbersome committee system, he has to be elsewhere at this time. He has asked me to ask the Taoiseach in the interests of openness, transparency and, most importantly, more effective parliamentary procedures, if he would not accept that in the interests of the good workings of the House a parliamentary draftsman should be available to all Oireachtas Members, regardless of party affiliation, to assist us in formulating good law? For example, we got the amendments to the Occupier's Liability Bill almost at midnight and are expected to debate them properly.

An Ceann Comhairle

The Deputy seems to be embarking on a speech.

Mr. Cowen

The Taoiseach claims to have "street cred" in the area of Dáil reform. Will he arrange to make available people with that expertise to all Members of the Oireachtas?

The Taoiseach

As I made clear in my original reply, there are constitutional difficulties in doing this because the Attorney General is the adviser to the Government and it is our view, and has been the view of previous Governments, that the Attorney General's Office cannot provide advice on an ongoing basis to others in the Oireachtas apart from the Government to whom he or she is a legal adviser. However, I draw the Deputy's attention to the fact that the Bills Office provides excellent assistance to Opposition Deputies wishing to draft amendments. As someone who was in Opposition for longer than I would have wished——

Mrs. O'Rourke

And will be soon again.

The Taoiseach

——I testify to the considerable assistance that office can offer to any Deputy who wishes to avail of it. Increased financial and other resources are being made available to committees, which should help. The assistance being made available to Opposition parties, which is greater than that available to Government parties, will enable them to ensure that legislation and amendments they put forward are adequately drafted. Opposition Bills have been accepted by Governments so there is not any diriment impediment to the drafting and acceptance of Opposition Bills.

Mr. Cowen

I take the point as far as the Office of the Attorney General is concerned. Deputy Woods subsequently asked if he will ensure any proposed recruitment will take into account the need to provide services to the Houses of the Oireachtas as well as the Government. The Taoiseach will appreciate that any work which takes place in committee is usually on Government Bills. There have been a few exceptional cases but that cannot be used as a precedent to suggest that resources are available to other Members to enable them to publish Bills. It is a sensible suggestion.

An Ceann Comhairle

The Deputy is embarking on a speech rather than seeking information.

Mr. Cowen

I am seeking information.

An Ceann Comhairle

Let us hear it.

Mr. Cowen

As soon as I am allowed to finish my sentence. Will the Taoiseach ensure that people are made available to the Oireachtas as distinct from the Government, Departments or committees on which the Government has a majority?

The Taoiseach

The question in the name of Deputy Woods relates to the parliamentary draftsman's office offering assistance to the Opposition. As the Deputy knows, it forms part of the Office of the Attorney General.

Mr. Cowen

I accept that.

The Taoiseach

As I explained, the Office of the Attorney General cannot provide assistance other than to the Government. There is a constitutional obstacle to that.

As far as making assistance available to the Opposition to enable it to draft Bills is concerned, it has been given financial assistance which it can use for that purpose if it chooses. The Bills Office forms part of the Houses of the Oireachtas and is available to it. If a case can be made that there are insufficient resources available to the Bills Office, which is an instrument of the Oireachtas and not of Government, that can be raised in the normal way through the Committee on Procedure and Privileges or, if the Deputy wishes, directly with me.

An Ceann Comhairle

Before proceeding to Question No. 3, I remind the House that 30 minutes are available to us on Tuesdays for dealing with questions to the Taoiseach.