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Dáil
‹ Order of Business

Public appointments legislation

Summary

Willie O’Dea and Micheál Martin seek amendments to public appointments legislation to provide merit-based, transparent appointments for senior parliamentary officers, prompting a dispute over the Ceann Comhairle’s statutory role. The Taoiseach supports an open and transparent resolution and says the Minister will bring a memorandum to Government shortly.

Yesterday, Deputy Martin raised the timing of legislation for an open competition for the appointment of a Secretary General and Clerk of the Dáil and the overhaul of the top level appointments commission, TLAC, system. Deputy Martin wrote a comprehensive letter to the Taoiseach on 12 July-----

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Seán Barrett An Ceann Comhairle Fine Gael

This is not going to be debated on the Order of Business.

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-----about the Public Service Management (Recruitment and Appointments) (Amendment) Bill 2013. This Bill can be amended to ensure there is a competition on merit-----

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Seán Barrett An Ceann Comhairle Fine Gael

Will you please resume your seat?

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-----to appoint an officer of this House. Does the Taoiseach intend to take this opportunity to amend that legislation, to bring the appointment of officers of this House into the 21st century?

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Seán Barrett An Ceann Comhairle Fine Gael

Before I call on the Taoiseach to answer this, I am being dragged into a controversy over this matter and I resent it very much. The 1959 Act was amended by the 2003 Act, which obliges me in law to perform certain functions. There were amendments to that Act in 2006 and 2009 and nobody made any changes. I am obliged by law under the current 2003 Act to perform certain duties. I tried to do so by calling a meeting of the commissioners and they were briefed before the meeting, so the shambles that took place means that I am now in a very awkward position so that I am going to apply the 2003 Act, which I can, where I do not exercise my right and it will now be a matter for the Taoiseach in accordance with that Act. It is not the 1959 Act but the 2003 Act that should be looked at.

I am appearing in newspapers. People are leaking stuff following a consultation process that took place within the law. The content of the leak was totally improper and incorrect, and an attempt to blacken my good name. I have to sit here and take this abuse without having any right of response. This is not in order on the Order of Business.

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Seán Barrett An Ceann Comhairle Fine Gael

You can raise this matter in other fora, but not in here.

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Just to clarify, a Cheann Comhairle, I am not trying to reflect on you in any way.

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Seán Barrett An Ceann Comhairle Fine Gael

This is where the blame is coming and I am not taking it anymore.

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I regret that and I am not directing my remarks at you in any shape or form. I am simply asking the Taoiseach if he will take the opportunity to amend the legislation, so-----

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Seán Barrett An Ceann Comhairle Fine Gael

There is no promised legislation in this area.

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There is a commitment, as I understand it.

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Seán Barrett An Ceann Comhairle Fine Gael

There is no promised legislation.

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There is legislation which can be used to amend the system. I am simply asking the Taoiseach-----

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Seán Barrett An Ceann Comhairle Fine Gael

I am dealing with promised legislation under the Order of Business.

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I understand that.

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There is promised legislation in the form of the Public Service Management (Recruitment and Appointments) (Amendment) Bill 2013. It is there.

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Seán Barrett An Ceann Comhairle Fine Gael

It is not on this issue.

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There is legislation which enables this issue to be dealt with.

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It is in the context of that legislation that is he asking the question. The Minister, Deputy Howlin, is not-----

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Seán Barrett An Ceann Comhairle Fine Gael

This is the third or fourth time this matter has been raised on your side of the House. You are obviously being briefed. I am the piggy in the middle.

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There is nobody briefing me-----

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We are entitled to raise issues in respect of public appointments.

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The Minister promised to bring forward legislation. That is what we are asking and nothing else.

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Seán Barrett An Ceann Comhairle Fine Gael

Under the 2003 Act, the Minister, Deputy Howlin, has no role in this matter.

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No, but he has a role in other legislation. He is the Minister for Public Expenditure and Reform. He is the Minister who can bring in legislation-----

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Seán Barrett An Ceann Comhairle Fine Gael

I am sorry, Deputy. You should not be on your feet. You were not called.

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This is not personal.

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Seán Barrett An Ceann Comhairle Fine Gael

Taoiseach, will you answer the questions about the public appointments commission or whatever?

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It is not personal. It is a matter of what is right and wrong-----

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Seán Barrett An Ceann Comhairle Fine Gael

Please resume your seat.

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Enda Kenny The Taoiseach Fine Gael

I respect the complete independence of the Ceann Comhairle in this fashion. I regret the fact that there have been comments attributed in sections of the media about the Ceann Comhairle. He has a constitutional responsibility to chair this House in a proper fashion, which he does.

I can confirm to Deputy O'Dea that the Minister will bring a memo to the Government very shortly on this matter. It is our ambition to have an open and transparent conclusion to this matter.

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