Seanad Éireann debate -
Thursday, 14 Dec 2006

Vol. 185 No. 16

Houses of the Oireachtas Commission (Amendment) Bill 2006:Committee and Remaining Stages.

Sections 1 and 2 agreed.

SECTION 3.

Question proposed, "That section 3 stand part of the Bill."

Mr. O’Toole

This Bill will change the functions of the commission. It is important to state on the record of the House why those functions are the way they are. When the commission was established, I wanted it to have wide-ranging powers to deal with all the issues raised by Senator White. I gave the example of the New Zealand Parliament, where the commission has control not only of the workings of the Parliament but the operation of the Chambers. I put it to a vote and lost. This is why I am sensitive on the point of the commission being asked to deal with issues over which it has no control.

For the record of the House, I am holding a copy of the Order of Business for 19 December 2003. No. 1, listed in Irish and English states:

That Seanad Éireann, in accordance with section 8(3)(b) of the Houses of the Oireachtas Commission Act 2003, appoints the Ordinary Members of the Commission as follows:

Senators Jim Higgins, Martin Mansergh and Joe O'Toole.

This was proposed by the Leader of the House and agreed to by the House at that time. People had certain difficulties which were raised on another occasion, but this was decided by the House and is on the record of the House. Sometime later, Senator Higgins was replaced, by order of the House following a motion, by Senator Ulick Burke.

It is very important that nothing be left on the record of the House that gives the impression that there was some subterfuge involved here. It was done openly after due debate with all parties. Not everybody might have been happy, but this is the way it was done.

One of the issues we are not allowed to deal with is salaries, which was considered to be a matter for the Department of Finance. It was considered that for us to deal with this issue would undermine the entire national agreement structure and public service negotiations. Everybody, including me, agreed with this and I had a major input into that debate. The commission also had to get approval from the Minister in respect of making appointments. Everything that has happened has taken place in the structure that was within the Bill from the very beginning. The functions have now been extended to include translation, but otherwise, for the record of the House, every part of this was discussed at some length.

Question put and agreed to.

Sections 4 to 13, inclusive agreed to.

Title agreed to.

Bill reported without amendment and received for final consideration.

Question proposed: "That the Bill do now pass."

Dr. Mansergh

I thank the Minister of State for his assistance in getting this Bill passed expeditiously. Despite the relative brevity of the debate, it is an important Bill and an important second stage in the life of the Houses of the Oireachtas Commission. As I said previously, the commission is working well. The Minister of State made a very important contribution to the work of the commission as the ministerial appointee, in effect, the liaison between the commission and the Government. I also pay tribute to the Ceann Comhairle and the Cathaoirleach who, between them, have provided leadership to the commission.

Mr. U. Burke

I thank the Minister of State and his staff for their work in bringing this Bill forward. I hope it will contribute to ongoing improvements in facilities and work the commission must do in future. I have no doubt this Bill will be amended in due course in future in terms of the provision of additional facilities as are required in the years ahead.

I thank the Cathaoirleach and the other staff who serviced the commission throughout the past two or three years and the work they have done, especially in establishing rules and regulations and researching the legal moves that needed to be made and restrictions on the commission in various areas. A tremendous amount of work has been done at this level over recent years for the smooth working of the commission. I thank the Minister of State for all the work he has done as the Government's representative on the commission.

Ms White

Hear, hear.

Mr. O’Toole

Ba mhaith liom cur lena bhfuil ráite ag na Seanadóirí eile. Tá an-obair agus an-tacaíocht tugtha ag an Aire i gcónaí d'obair an Choimisiúin, agus táimid thar a bheith sásta leis sin. Is rud é nár luaigh mé nuair a bhíos ag caint ná go ndéanann an Coimisiún a chuid oibre in a collegial manner. It does not break down in a party manner or along House lines. Every member of the commission is prepared to recognise the needs of people in each House and progress has been made.

As I said earlier, this has only happened because of a very flexible, supportive and co-operative approach from the staff at all levels in Leinster House, including the services and the secretariat areas, ushers and porters. Everyone has shown that level of flexibility, which is important. As we go into the future, and I am looking at the Minister of State's advisers, all we ask for is that the Department of Finance shows us understanding when we need it.

Minister of State at the Department of Justice, Equality and Law Reform (Mr. B. Lenihan)

I thank Senators for the expeditious way in which they dealt with the legislation. I join in the tributes that have been paid to the staff. The Clerk of the Dáil, the Clerk of the Seanad and the other staff at every level do so much to allow us to carry out our business in an efficient way and it is appropriate at this time for us to thank them for this and enact this legislation which will put us on a secure footing for a further three years.

Question put and agreed to.

An Cathaoirleach

When is it proposed to sit again?

Mr. Moylan

At 10.30 a.m. tomorrow.