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Dáil Éireann díospóireacht -
Thursday, 10 Nov 1977

Vol. 301 No. 5

Ministers and Secretaries (Amendment) (No. 2) Bill, 1977: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

When we adjourned this debate on 2nd November we had indicated that we were in favour of the proposal to expand the second tier of government. Of course we made the point that obviously assistance is needed for a number of Minister particularly in the context of Europe. Anybody who saw the way Deputy Clinton operated as Minister for Agriculture in the last Government would not doubt that he should have had assistance. He was attending meetings frequently until 3 a.m. or 5 a.m. It seemed almost to be a rule of the Council of Agriculture Ministers that they could not rise before midnight. They could not decide anything except between midnight and five o'clock in the morning. Obviously that is one area where assistance is needed.

I am not sure if there is an appreciation on the part of the present Government side of the importance of ministerial attendance in Europe. We had the example in July last, when the Regional Fund—a most important measure as far as this country is concerned—was being discussed at the Council. The Minister for Finance did not go himself, nor did the Minister for Economic Planning and Development who was, at that time, a Minister of the Government without portfolio Perhaps the Minister for the Public Service or somebody else could enlighten me on a point. There are questions on the Order Paper to the Minister for Economic Planning and Development: does he exist.

Yes, he does.

That is just a point that struck me.

We will come to that on a later section of the other Bill. But I can assure the Deputy that he does exist.

I just wondered whether in fact he did exist. At that time the Parliamentary Secretary to the Minister for Finance went out and was arguing Ireland's case for an increase in the Regional Fund. The term "Parliamentary Secretary" is known and understood because of its very unusualness in Europe. It is a form of animal they do not have on the Continent. It is understood in Europe to be somebody who is a junior Minister. The implication of his attending that Council meeting—and arguing Ireland's case for increasing the Regional Fund, when the Minister for Finance, the person directly involved was not there—is that Ireland is not interested in the Regional Fund.

That happened on another occasion about a month ago, at the time of the hi-jacking of the German plane. There was a meeting of the Council of Ministers in Europe. The Minister for Finance, the Minister for Foreign Affairs, and the Minister for Economic Planning and Development were out there. The level of contribution to the EEC budget was being discussed. Very rightly, Ministers on that occasion did not insist on a conclusion being reached because the German Minister had to return to Germany urgently because of the hi-jacking. The Minister for Finance, the Minister for Foreign Affairs and the Minister for Economic Planning and Development then left because, according to newspaper reports—which is all we have to go on—there was fog in the Ardennes and they wanted to get back to Dublin.

There is no basis for this at all.

The Ministers did not leave?

We did but the Minister for Economic Planning and Development was finished with his business. The business with which I was concerned was not finished, although it was a joint meeting with the Minister——

For Foreign Affairs.

The particular item was not going to be disposed of, as we knew. In any event it had been decided at a Government meeting that I would leave at that stage anyway in order to deal with business at home and that the Minister for Foreign Affairs would be there in any event. Therefore, the fog was only incidental.

It was an item that concerned this country and it was discussed after the Minister left, even though it was not disposed of. It was an ideal opportunity for the Minister to talk to his counterparts in Europe and to butter them up, to put it crudely. I have not read about the result but the implication hanging over that meeting was that it was tied in with the JET project for Ispra, that the British Prime Minister was going to see the German Chancellor the following week and a deal would be done on the contribution. The whole matter was not going to be decided——

That did not happen.

The JET project went to England.

The other item has yet to be decided.

I shall be asking the Minister for Industry, Commerce and Energy what we got out of our support for Britain in that deal. Did we get anything, or did we just row in behind them like a tug tied to a huge boat? The point I am trying to make is that it is not actually what is said at meetings in Europe that counts. It is the general way one can influence people outside the Council chamber that is important. The Government would have no experience of this. I do not know what Council meetings were held in the first quarter of 1973——

I do not want to interrupt the Deputy but he and a number of his colleagues have been repeatedly making that mistake. The Fianna Fáil Government attended meetings throughout 1972 and early 1973. Arrangements were made before formal accession whereby the countries entering the Community attended the Council meetings.

They may have attended the meetings but they did not take part. They were there as observers.

They were much more active than that.

Well, the Government have forgotten. A number of Ministers in the previous Government, including the Leader of my party, could give the Government good advice on this matter.

On 25th October, in reply to a parliamentary question by Deputy Bruton regarding the new Ministers of State, the Minister for the Public Service said that it was proposed shortly to introduce a further Bill dealing with the salaries of Ministers of State. On both sides of the House there are a number of people who have held the office of Parliamentary Secretary and now they, or their widows in the case of deceased members, are drawing benefits at the rate appropriate to Parliamentary Secretaries. In fairness to these people, particularly the widows, I should like the Minister to ensure that they are not disadvantaged by any increase in salaries that the Ministers of State may get.

That could be considered on the Bill that will decide the salary scales.

The title they hold might be important. They would be widows of Parliamentary Secretaries.

I can assure the Deputy that that point is being covered.

I should like to welcome this Bill. It is time that the Government took the initiative to upgrade the role and title of Parliamentary Secretary. This title was misinterpreted in Europe. The Parliamentary Secretaries were not regarded as important enough to negotiate. I am delighted the Government have introduced this Bill at such an early date in the Dáil session and I hope the new Ministers will take up office in the near future.

The figure of ten has been mentioned. There is need for an expansion in this area. The Ministers are overburdened with work, particularly those who have to work in the European context. They have to attend in the Dáil and they must also attend meetings in Brussels and elsewhere. This imposes a considerable strain on any Minister. The Ministers of State will represent Ministers in committee and on other occasions in the EEC.

Deputy Barry referred to the situation regarding attendance at meetings in Europe. When Fianna Fáil left office in 1973 there was some debate then on the question of obtaining an executive jet. I suggest to the Minister that we might reactivate that consideration. The question of transport is vital. The National Coalition Government adopted a very petty approach to the tentative proposal to get the jet and they scrapped it. That was a retrograde step. If we cannot attend all the European meetings, if we have to rely on airline schedules with the possibility of strikes and so on, we will be at a disadvantage. The Minister might consider this matter in the coming months and perhaps discuss it with the Department of Defence to obtain one or two executive jets to bring our representatives to Europe. It could happen that we might miss a meeting in Europe where a matter of much concern to Ireland was being discussed.

I expect that some of the Ministers of State will be appointed to the areas in which they are presently working. The number proposed may not be adequate. Ministers or Ministers of State acting in their Departments can play a very important role. For instance, the Parliamentary Secretary to the Minister for Finance deals with the office of Public Works and other Parliamentary Secretaries are responsible for other specific areas. Ministers are overburdened with work and they could do with the assistance of Ministers of State. The Minister for Industry, Commerce and Energy has to deal with a number of complex portfolios and obviously it must be a very difficult task.

The Opposition should not oppose this measure. There is no question that the Taoiseach is setting up these offices to provide jobs for backbenchers. It is a matter of necessity that these appointments be made. I am surprised that the National Coalition Government did not adopt a measure like this while they were in office. It was obvious from the way the country was run that there was a need to assist the then Ministers in their jobs. Certain sections were neglected but the Government did not seem to realise that. However, the electorate did realise it when they decided to elect Fianna Fáil as the Government.

The role and status of these Ministers of State will be very welcome throughout the country. They will add to the general quality of the running of the State. Calling them Ministers of State is an upgrading of their role. Having this new title will help them to assist the Minister in the work of his ministry. Each Department will have a need for a Minister of State in time.

This Bill is abolishing seven posts of Parliamentary Secretary and replacing them with ten Ministers of State and this is a step in the right direction. Legislation is becoming so complex and departmental work so difficult and demanding that in years to come there will be an expansion of this type of ministry. Different Departments, for example, Local Government, may have Ministers of State dealing with physical planning and development or building and construction. These are areas where it is difficult for one Minister to deal with all the legislation needed and at the same time the running of those Departments. A Minister of State will be playing a very important role in the years ahead. In bringing in this Bill the Minister has made a brilliant move and I welcome it.

The discussion on this Bill has indicated a general welcome for the basic idea and an acknowledgement of the fact that something must be done to try to ease the burden which lies today on a number of Ministers. There is a widespread acknowledgment of the fact that the burden and complexity of government have grown enormously without any corresponding change in the structure and organisation of government.

Deputy Garret FitzGerald, Leader of the Fine Gael Party, complained that the Taoiseach was not here to deal with this Bill. It is a matter of opinion as to whether it required the attendance of the Taoiseach. It seemed clear that Deputy Cluskey as Leader of the Labour Party did not consider that it required his attendance or participation. The Bill shows on its face that it was introduced by the Minister for the Public Service and I thought Deputy Garret FitzGerald rather overdid that point.

I noticed that Deputy Garret FitzGerald and subsequently Deputy O'Leary urged that we should give consideration to the appointment of Parliamentary Private Secretaries, Deputies of this House who would assist the Minister but in an unpaid capacity. I know that in Britain there is such an institution but I am not too sure how it has worked out in practice. I would certainly give consideration to this suggestion in conjunction with my colleagues to see if sufficient benefit could be derived from it to justify the change.

Deputy Garret FitzGerald also referred to the Cabinet system. I am not quite sure if he was urging us to adopt it. I want to make it clear that as far as we are concerned we have not adopted that system but neither are we closing the door on that prospect. Certain arrangements are in train which would not amount in any way to a Cabinet system but would amount to most Ministers having an adviser or an assistant who would be brought in temporarily from outside the civil service. That is not, of course, a Cabinet system but I mention it because I want to make it clear that as far as we are concerned we are not tied to any particular line of approach in this regard. I do not want at this stage, because I do not think it would be relevant on this Bill, to go into the arguments in favour of and against the Cabinet approach. There are arguments on both sides and as far as I am concerned, the system that is best suited to meeting the problems that have to be faced will hopefully evolve as we get further into the problem.

I want to make it clear in regard to a point made by Deputy FitzGerald and others that the kind of duties that will be assigned to Ministers of State will be announced later, after the positions have been created. It is clear from the Bill that what is proposed is that the position of Parliamentary Secretaries are being abolished and they are becoming Ministers of State and instead of there being seven Parliamentary Secretaries, on the passage of this Bill, there will be ten Ministers of State. There will be three net additional persons available to deal with the kind of burden we have been talking about. Whether three will be adequate is a matter of opinion. However, after detailed consideration it was the Government's view that this would be sufficient. A good deal depends, of course, on how they are deployed.

As I indicated, it is intended to increase the scope and weight of duties of Ministers of State as compared with Parliamentary Secretaries. In other words, it is intended to use them to a greater degree and in many cases they will have a more detailed and weighty responsibility.

Deputy O'Leary made a point that was made by Deputy Barry today. A number of their arguments were based on what is a false assumption and that is that it was the Coalition Government who had experienced the burdens of the EEC membership, attendance at Council meetings and all that that involved and that we did not know about this and were only finding out about it now and that was one of the reasons we are bringing in this Bill. That is not so. I attended quite a number of Council meetings and engaged in negotiations during 1972 before we formally joined the EEC.

The Danes, the British and ourselves and also the Norwegians up to the time of their referendum participated fully in the various Council meetings. Therefore, we had considerable experience of the pressures that arise as a result of conflict for a Minister between his obligation to attend Council meetings in Brussels or Luxembourg and his obligations at home in relation to business in this House, to Government meetings and to the various other duties he must perform.

There is no satisfactory solution to this problem but the Bill is designed at least to ease the burden to some extent. Regarding the suggestion that the Bill was introduced on foot of our recent experience in the EEC, I would remind the House that on the first day of the new Dáil, 5th July, the Taoiseach announced his proposal to appoint Ministers of State. Consequently, there is no foundation in the argument that the Bill is a reaction by Fianna Fáil to their learning about the burdens of the EEC. We were not unaware of these burdens when in Opposition and when our opposite members were slaving away on behalf of the country. The burden is a heavy one but one should not make too much of it. It is not an excuse for electoral defeat. Some members of the Coalition tried to use it for that purpose. Indeed, there were people who tried to use a similar excuse in 1973. The burden is part of the way Government must be conducted so one must endeavour to gear the Government into running their business to the load placed on them. Failure to do this is not an excuse for any government in the event of their losing an election.

(Cavan-Monaghan): Before our accession, the Minister's party negotiated some of the directives. As some very bad directives were allowed through, I expect that the then Government could have used some help from Ministers of State.

The Minister is in possession.

I trust that the Deputy will not draw me too far on what was left behind by Governments because I might be tempted to remind him of what was left behind by him and his colleagues.

(Cavan-Monaghan): There are bitter complaints about the farm modernisation scheme directive and the farm retirement scheme directive. These were negotiated by our predecessors.

These items do not arise on the Bill.

One of the matters that was referred to in the context of this discussion was the reform of Parliament in relation to the duties of Ministers. There was the usual reference to a greater use of the Committee system. I suspect that members of the Opposition discovered some time ago that it is all very well to talk about the use of the committee system and, consequently, a better use of the talents, the abilities and the time of Deputies but that the reality is that the use of the committee system to the extent to which is was engaged in the last Dáil involves enormous pressure on the time of front bench members of the Opposition. Regardless of how one tries to arrange otherwise, some of the committees meet simultaneously so that it is impossible physically for an Opposition to service the kind of committee system that is thought of generally when people talk in these terms.

The essential difference between what is the committee system as it operates in many European Parliaments and what has been tried here is that we try to operate it while the House is in session, whereas, by and large, in the European scene the committees operate when the full parliament is not in session. Matters are prepared by the committees for the plenary sessions. If the Opposition have not found out already, they will find out that the committee system advocated for this House would not work because it would be dependent on operating while the House was in session and would require the attendance of many of the leading members of the front bench of the two Opposition parties.

There were a number of comments from Deputy Kelly that I was tempted at the time to follow up but a little time has passed and I think I might be merely wasting my time by doing so. However, the Deputy seems to be taking a rather different line from that of his party Leader and also from Deputy O'Leary. He is entitled to do that. He was talking in rather graphic terms about the burden placed on Ministers while, at the same time, he seemed to think that there was not any real necessity for Ministers of State, a view that did not seem to be expressed generally on all sides of the House.

Deputy Barry Desmond took the opportunity of speaking on the Bill in an effort to compare the cost of the Government with the allowance to which the Opposition are entitled. Leaving aside the numerous fallacies involved in that comparison, I was very struck with the enormous concern of the Deputy and of a number of his colleagues also with the amount of the allowances paid to the Opposition compared with their attitude in his regard when the matter came up for discussion in the previous Dáil.

What does the Minister mean by that?

Deputy Barry may not recall as vividly as I recall—I was here right in the middle of it—the very difficult and bitter debate which arose primarily because the previous Government as one of their first acts refused to increase the allowances to the Opposition in line with increases being made to Deputies, Senators and so on in accordance with the national agreement. There was a very difficult and bitter debate. There were numerous amendments. I think it was at the instance of the then Taoiseach, who saw that the whole situation was getting out of hand and that the then Minister for Finance was making the position far worse than it need have been, that proposals were brought forward to increase the allowance for the Opposition in line with the other increases, but it was accompanied by allowances which had up to then never existed for parties in Government. It was very grudging acknowledgment of the need to pay any money to a party in Opposition. I am contrasting that attitude with the great concern now being expressed by Deputy B. Desmond and others on this topic.

My recollection is that compared to what happened in the previous 20 years the allowances to the Opposition parties were enormously increased.

They were increased in line with other increases which were then in line with the national pay agreement.

Some hundreds per cent, is that right?

No. Does the Deputy mean in 1973?

I cannot remember the date—it was in our time of office. They were enormous increases. If the Minister disagreed with the attitude of the then Government he might point up that disagreement by adopting a different attitude.

My attitude is quite consistent. I felt then that all these matters should be dealt with on a formula related to the national agreement, and that is what I feel now.

Was that prior to the last Government taking office?

Yes. I hesitate to be positive because I am not sure whether there was an increase which was related to a national pay agreement. One would have to find out when was the last pay increase and when was the first national pay agreement. I think that was the right approach.

Deputy Kelly made one point on which I must follow him up. He said that when the Coalition Government came into office there was no Bill from the previous Dáil worth bringing forward and that the Coalition brought forward no previous legislation that had fallen with the Dáil. I referred him to the Bill which set up the Department of the Public Service and he repeated that no Bill had been brought forward. The Bill which set up the Department of the Public Service was technically a new Bill in the new Dáil of 1973. However, it was an exact repeat of the Bill which had previously been introduced by me as Minister for Finance but it had one amendment; a subsection number which had appeared in error in one section was removed in the new Bill. That was the only change. I mention that because Deputy Kelly made a great issue of this, and because of his former position as Whip one would be inclined to accept that he knew what he was talking about. The only reason I interrupted him, as I said at the time, was that if he wanted to introduce this type of thing I wanted him to be factual and he was not being factual.

Deputy FitzGerald raised the question of the Council of Defence. The Council of Defence does not meet frequently but it could be an important institution in certain events. At the moment the post of Parliamentary Secretary to the Minister for Defence is filled by the same person who is Parliamentary Secretary to the Taoiseach. Of course, the same procedure can be followed in the case of Ministers of State. Deputy FitzGerald raised the point of whether it is necessary to have this provision, that the Parliamentary Secretary to the Taoiseach or his successor as Minister of State must be a member of the Council of State. I will look into that point. I do not think it is of major importance.

Deputy FitzGerald also asked why we should make all existing Parliamentary Secretaries Ministers of State. Why not have three tiers, that is Ministers, Parliamentary Secretaries and Ministers of State; or indeed four tiers in the sense that he talked about parliamentary private secretaries who would be on pay. There is a strong case for avoiding over-elaborate structures in a small country. If we were to create these various grades, which in effect would be three grades of junior Ministers, the whole thing would become very complicated in a small country and a small Parliament such as ours. It seems simpler and more workable as a system to increase the number of junior Ministers and to increase the powers and responsibilities of each of them. It has seemed to the Government that that balance is the best approach that can be taken to this problem. The creation of a multiplicity of junior ministerial positions seems to be a complicating factor which is not going to help in solving the problem that we set out to solve. The position can be reviewed in the future in the light of experience, as can any system. I do not think that the appointment of parliamentary private secretaries would require legislation. This matter can be looked at, but we would hope that the proposals in this Bill will meet the problems we are trying to deal with. We do not envisage changing the system in the short-term but I cannot rule out any possibility of change. We think this should be sufficient to meet the problems we are tackling.

Deputy P. Barry raised an interesting point in regard to section 6 of the Bill. He raised the question of the repeal of section 8 of the Ministeries and Secretaries (Amendment) Act, 1939, which provided that a Parliamentary Secretary who was a Member of one House of the Oireachtas should have the right to attend and be heard in the other House. In the case of members of the Government Article 28.8º provides:

Every member of the Government shall have the right to attend and be heard in each House of the Oireachtas.

The Constitution provides for a member of the Government the right to attend and be heard in either House of the Oireachtas. In the case of Parliamentary Secretaries, not only is no such right given by the Constitution but Article 15.10º specificially provides:

Each House shall make its own rules and standing orders ....

In fact, the Standing Orders of each House provide that a Parliamentary Secretary who is a member of the other House may be heard in that House. It is Standing Order No. 56 of this House and Standing Order 45 in the Seanad.

It has been argued that since the Constitution provides that each House may make its own rules and Standing Orders section 8 of the 1939 Act, which purported to give a Parliamentary Secretary a right of audience in the House of which he was not a member was in conflict with the Constitution since it would interfere with the right of that House to make its own rules and Standing Orders on the matter as provided for in Article 15 of the Constitution. The parliamentary draftsman agrees that there is some substance in this argument, in other words, that section 8 of the 1939 Act may well have been unconstitutional and purported to give power which it could not give.

I cannot imagine a court case about it.

I hope not. He agrees that there is some substance in the argument and section 8 of the 1939 Act appears to be unconstitutional.

The point I was making was that as the Bill was doing away with Parliamentary Secretaries I wanted to know if their rights in either House were protected. I wanted to ensure that we were not doing away with the rights of the new Ministers.

I appreciate that. This is because of the reasons I have stated and apparently because of the unconstitutionality of section 8 which is being repealed. Instead of that steps will have to be taken within the Standing Orders of each House to provide for the right of audience and attendance of the Ministers of State. We certainly cannot rely on section 8 which purported to give it to the Parliamentary Secretaries.

I hope there will not be a gap in doing that.

I hope there will not. I hope the necessary amendment will be made in the Standing Orders of both Houses.

It is a matter for the Committee on Procedure and Privileges.

The recommendation will have to come from the Committee on Procedure and Privileges and be accepted by the House. I do not wish to delay the House unduly on this matter. I am grateful for the general welcome which has been given to the proposal contained in the Bill to provide three extra people to deal with the burden of Government business, national and international, and to do it at the level of Minister of State. I believe the Bill will help considerably in enabling the work to be dealt with more efficiently. Perhaps some redeployment of duties will be necessary to get the most effective results from it. I feel confident that the House in accepting the Bill will enable the structure of Government to be improved in line with the requirements of the last quarter of the 20th century.

Question put and agreed to.
Agreed to take remaining Stages today.
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