Dáil Éireann díospóireacht -
Tuesday, 6 Nov 2001

Vol. 543 No. 2

Written Answers. - Budgetary Provisions.

Derek McDowell

Ceist:

309 Mr. McDowell asked the Minister for Finance the practical effect of the limitations imposed on him in the control and management of the finances of the State by the provisions of Article 17.1.2 of the Constitution; if the requirements of the subsection created difficulties in the move to a procedure where the budget now pre-dates the calendar, financial and tax year to which it will, when approved by the subsequent Finance Act, relate; and, if so, the way in which those difficulties are resolved; his views as to whether the subsection has served and continues to serve a useful purpose within the constitutional framework; and if he will make a statement on the matter. [26041/01]

Minister for Finance (Mr. McCreevy):

Article 17.1.2 of the Constitution provides as follows:

Save in so far as may be provided by specific enactment in each case, the legislation required to give effect to the Financial Resolutions of each year shall be enacted within that year.

In the case of Financial Resolutions passed on a budget night held in December, Article 17.1.2 requires that, unless otherwise provided by law, such resolutions must be enacted into law by the end of that year, that is, by 31 December.

The bringing forward of the date of budget 1998 to December 1997 raised the issue of how to comply with this requirement. The procedure adopted in the Appropriation Act, 1997, following legal advice, was to allow the enactment of the legislation required by Article 17.1.2 to be deferred to the year 1998 and this procedure has been followed in every Appropriation Act since then. This means that the resolutions are enacted as is usual in the subsequent Finance Act.

As regards the usefulness of the Article in question, I understand that the constitutional review group and the all-party Oireachtas committee on the Constitution, 1996-97, the O'Keeffe committee, has recommended some changes aimed at clarifying the meaning of the Article. The current committee is examining various Articles relating to parliamentary issues, including this one, and I look forward to seeing its views in due course.