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Dáil Éireann debate -
Tuesday, 17 Nov 1998

Vol. 496 No. 6

Written Answers - Proposed Legislation.

Pat Rabbitte

Question:

53 Mr. Rabbitte asked the Minister for Finance when he will bring forward the legislation sought in the Private Members' Motion passed by Dáil Éireann on 21 October 1998 arising from the interim report of the Committee of Public Accounts in the AIB and DIRT affair; and if he will make a statement on the matter. [23671/98]

Derek McDowell

Question:

72 Mr. McDowell asked the Minister for Finance the reason for the delay in bringing legislation before Dáil Éireann in response to the report of the Committee of Public Accounts in relation to the banking and DIRT affair; and if he will make a statement on the matter. [23712/98]

I propose to answer Questions Nos. 53 and 72 of Deputies Rabbitte and McDowell, respectively, together.

There has been no delay in the drafting of legislation. However, a draft Bill cannot be finalised for bringing before Dáil Éireann until a number of complex legal issues have been resolved — and every effort is being made to resolve these. Indeed, the Government's response to the resolution of 21 October adverted specifically to the need to obtain considered legal advice in the matter.

Since the resolution was passed by Dáil Éireann on 21 October, there has been an intensive examination of the key issues both in my Department and in the Office of the Attorney General 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, most recently last Thursday, 12 November, to discuss legal issues in relation to 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 on these matters to meetings of the Government.

Members of the committee are fully aware that the proposals in their first interim report require careful examination. Inter alia, they involve the provision of new statutory powers to the Comptroller and Auditor General, a constitutional officer. Such a move cannot be entered into without proper consideration of all the legal implications.

The Interim Report of the Committee of Public Accounts contains proposals on legislation affecting the Comptroller and Auditor General Acts, 1923 and 1993, and the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act, 1997.

The route proposed in the interim report 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 a definite date for the publication of a Bill, I assure the House that every effort has been made to achieve a speedy resolution of the matters arising and to bring forward the legislation without delay.

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