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Dáil Éireann debate -
Tuesday, 17 Nov 1998

Vol. 496 No. 6

Other Questions. - Proposed Legislation.

Michael Noonan

Question:

28 Mr. Noonan asked the Minister for Finance the steps, if any, he has taken to afford priority to the request of the Committee of Public Accounts to strengthen the powers of that committee and to amend the provisions of the Comptroller and Auditor General Act, 1923; and if he will make a statement on the matter. [23876/98]

I have ensured and will continue to ensure that work from the interim report of the Committee of Public Accounts is given top priority in my Department.

Officials of my Department have worked intensively in regular consultation with the office of the Attorney General in progressing this matter. Since the resolution was passed by Dáil Éireann on 21 October, there has been a comprehensive examination of the key issues with a view to meeting the wishes of the House. The legal adviser to the Committee of Public Accounts and officials of the Attorney General have met on a number of occasions to discuss legal issues in these matters. In addition, the Committee of Public Accounts has been in contact with my Department to convey its views on key features of the committee's report.

I have brought a number of progress reports to meetings of the Government and I am pleased to inform the House that the Government approved preliminary Heads of a Bill this morning. The primary purpose of this legislation is to provide an appropriate means of progressing the investigation along the lines of the recommendations of the first interim report of the Committee of Public Accounts. I now propose to formally consult the Chairman of the Committee of Public Accounts and the Comptroller and Auditor General on the matter. Any issues requiring further consideration may be resolved during these consultations and at the drafting of the legislation.

The approach to the inquiry into this matter is innovative in terms of parliamentary procedure as well as in law. We have few precedents to guide us. While I am not yet in a position to give the House a definite date for the publication of the Bill, I can assure the House that every effort is being made to progress the legislation without delay.

Is it the Minister's intention to give the extra powers to the Committee of Public Accounts and the Comptroller and Auditor General by way of one Bill or will there be two separate Bills? The Minister has said he brought preliminary heads of Bill to Government this morning. When will he bring final heads of the Bills to Government or does he intend that the next step in the process will be to bring the text of the legislation to Government?

Subject to further consultation with the Comptroller and Auditor General and the Committee of Public Accounts I intend to introduce one Bill. I intend the next stage will be to bring the text of that Bill to Government. The Government discussed the draft heads of the Bill and the memorandum relating to it today. I hope the Bill will be before the House before Christmas and, depending on the timetable of the House and the resolve of Members, I hope to have the Bill passed before Christmas. It will be published well before the Christmas recess.

Will the Minister take the opportunity of the debate on the Bill to place on the record of the House the views of the Attorney General in respect of the constitutional powers of the Comptroller and Auditor General and how they might be in conflict with instructions issuing from this House?

It has not been the practice to convey the views of the Attorney General on a Bill or any other matter. If the Deputy is concerned that the Bill may impinge on the legal and constitutional role of the Comptroller and Auditor General I can assure him that has been borne in mind by my Department, the Attorney General and the Chairman and Members of the Committee of Public Accounts.

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