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Dáil Éireann díospóireacht -
Thursday, 18 Apr 1991

Vol. 407 No. 2

Presidential Establishment (Amendment) Bill, 1990: Committee and Final Stages.

Section 1 agreed to.
SECTION 2.
Question proposed: "That section 2 stand part of the Bill."

In relation to the point originally raised on Second Stage by Deputy Mitchell, is it possible by Government decision to make the Secretary to the President the Accounting Officer accountable to the Committee of Public Accounts for the Presidential Vote? Would it be possible for the Presidency, within the framework of existing legislation, to publish an annual report in the way that the Department of Labour and various other Government Departments, for example, do indicating the activities undertaken? Would I be right in thinking that both of those proposals could be implemented within the framework of existing legislation? My first question, again, following on what Deputy Mitchell said was whether it would be possible by way of Government decision as distinct from legislation to make the Secretary to the President — I think his name is Mr. Brennan — directly responsible to the Committee of Public Accounts as Accounting Officer.

I would have to consult about that but it would be my personal opinion that legislation would be needed to change the situation with regard to accountability. If the Deputy so wishes I can clarify this for him subsequently. As regards an annual report, I am sure there would be nothing to stop the President or the President's office producing one on their activities. Perhaps this could lead to the office being even busier than it is now but I am sure that this is a matter they could consider. I do not think there would be any difficulty about this and I presume it would be a matter for the President.

The reason I raised the query is that I believe that the Office of President is going to evolve — it is evolving — and that that evolution should take place within the framework of existing legislation without the need to bring in new legislation. I anticipate tensions in the future of an administrative kind rather than of a political kind. All incumbents of the Office have carried out their constitutional role correctly in terms of the clear distinction between partisan and representative politics. I do not foresee tensions in that area but I can foresee bureaucratic tensions with a more active Presidency irrespective of who the incumbent is given that we are in the process of allocating extra resources to Áras an Uachtaráin. Unless this is followed through with a degree of administrative devolution, the dead hand of the Department of Finance, who will second guess everything, will intrude in this matter and frustrate the political will of this House to give the Presidency the resources it needs to do its job.

Given that we are going to give the Presidency the sum of £100,000, does it follow through that we are not going to have officials of the Department of Finance second guessing every item of expenditure from Merrion Street? I speak from some experience of the Department of Labour in this regard. I welcome the reforms announced by the Minister for Finance who intends to give Government Departments a certain degree of autonomy in their day to day affairs and greater flexibility in management programmes, but my question, following on Deputy Mitchell's query on the question of the Secretary to the President, as distinct from the Secretary of the Department of Finance, being accountable to the Committee of Public Accounts, is whether the Office of the Presidency will have the maximum degree of flexibility or will every item of expenditure be second guessed by the Department of Finance.

Under no circumstances will the Department of Finance be involved in deciding on or second guessing expenditure. The President and the President's Office will have discretion and the Department of Finance will have no involvement apart from the fact that the Secretary to the President will report back to the Secretary of the Department of Finance who is the Accounting Officer once the money has been expended. There is for and against the publication of an annual report but it is important that we do not infringe on the discretion of the President. If the President had to produce an annual report comparisons would be made, expectations would be raised and demands made. We must ensure that in whatever decisions are taken, above all else we do not infringe on the discretion of the President at any time.

Question put and agreed to.
Sections 3 and 4 agreed to.
Title agreed to.
Bill reported without amendment.

In accordance with the Order of the House and as there are no amendments for Fourth Stage we will proceed to Fifth Stage.

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

I would like to thank the Members of the House for their contributions and co-operation and to wish the President and her family every success during her term of office.

The Minister of State speaks for all the House.

Question put and agreed to.

The Bill is certified a money Bill in accordance with Article 22 of the Constitution.

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