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Dáil
‹ Order of Business

ESB appointment and GSOC oversight

Summary

Deputy Micheál Martin challenges the Government’s advance reappointment of an ESB board member and seeks the legal basis for giving six months’ notice, while the Taoiseach cites specialist expertise and NewERA support. Martin also seeks Government time for legislation on GSOC telephone-record oversight; the Taoiseach says a former Chief Justice is reviewing the issue and is expected to report publicly within three months.

Tonight's Private Members motion, and I agree with the timing the Taoiseach has allowed for it, concerns a fundamental issue about Government appointments. I ask the Taoiseach to make sure he can clarify before tonight's debate the reappointment of a member to the board of the ESB by the Minister for Communications Energy and Natural Resources, Deputy Alex White, announced yesterday? The reappointment of a ministerial nominee to the board will take effect from 28 June 2016. This is an extraordinary development where the Government seems to be-----

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Seán Barrett An Ceann Comhairle Fine Gael

The Deputy will have to find some other way to raise that issue.

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-----in a rush to make appointments not only in advance of a general election but further out, six months hence-----

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A Deputy

It is crooked and post-dated.

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-----and to make appointments of this kind.

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Seán Barrett An Ceann Comhairle Fine Gael

Deputy, you know these-----

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Perhaps the Taoiseach might be in a position to bring clarity to that in the course of tonight's debate, but also-----

(Interruptions).

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This is one of Taoiseach's Ministers. He should ask him to explain that.

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There are many issues around State appointments at the moment which have led to the motion that has been tabled this evening. The press release by the Minister, Deputy White, is to the effect that he is now reappointing ministerial nominees-----

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Seán Barrett An Ceann Comhairle Fine Gael

Will the Deputy speak to matters that are in order on the Order of the Business, please?

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-----six months before the actual appointment is up and that the Government has approved this.

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That raises all kinds of questions which have legislative implications as well because the resumption of Second Stage of the Public Sector Standards Bill is on today's Order Paper.

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There is a bad smell off it.

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I ask the Taoiseach if he might defer taking that Second Stage until we have the full the implications of this move by the Minister and the Government in regard to this appointment.

With regard to the Garda Síochána (Amendment) Act 2014 and the GSOC issue, yesterday the Taoiseach was very quick to dismiss the comments that were attributed to him in yesterday's newspapers in respect of GSOC. I indicated that Deputy Niall Collins was bringing forward legislation to bring in judicial oversight in terms of GSOC's capacity to monitor telephone records. Will the Taoiseach give Government time to allow us to take Deputy Niall Collins's Bill in that regard? It would require GSOC to apply to the High Court before it would monitor any telephones. That would protect press freedom and it would strike a reasonable balance in this situation.

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Enda Kenny The Taoiseach Fine Gael

In respect of the issue the Deputy raised concerning the Minister, Deputy White, that is an appointment to the board of the ESB which requires particular expertise. NewERA supports that appointment. The position is that-----

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Seán Barrett An Ceann Comhairle Fine Gael

It is not really a matter for the Order of Business.

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Enda Kenny The Taoiseach Fine Gael

-----if a replacement is due, one must give notice six months in advance of whether the intention is to make a reappointment for a person with specialist services or not.

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Notice to whom?

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Enda Kenny The Taoiseach Fine Gael

That is why that matter came before Government yesterday for the reappointment of a person to the board of the ESB with particular expertise and requirements.

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When was that provided for?

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Enda Kenny The Taoiseach Fine Gael

NewERA, which has an involvement in State boards of this nature in terms of the qualifications required, supports that position.

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I did not ask about NewERA.

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Enda Kenny The Taoiseach Fine Gael

One must give notification six months in advance.

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Enda Kenny The Taoiseach Fine Gael

The Minister must bring it to Cabinet six months in advance-----

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No, he does not.

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Enda Kenny The Taoiseach Fine Gael

-----if an appointment of that nature is to be made. That is why that person was reappointed because of a specialist-----

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That is rubbish.

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Under what Act is that provided for?

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Ministers are getting appointments made now for six months hence.

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Seán Barrett An Ceann Comhairle Fine Gael

Hold on, this is not in order on the Order of Business. There are other ways to raise this matter.

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Enda Kenny The Taoiseach Fine Gael

-----knowledge that the person brings to the board. It is an appointment-----

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Enda Kenny The Taoiseach Fine Gael

-----that requires particular expertise, which this person has.

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I do not know the individual----

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Enda Kenny The Taoiseach Fine Gael

One must give notice six months notice in advance, which is what the Minister did and the Government accepted that.

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Seán Barrett An Ceann Comhairle Fine Gael

I call Deputy Adams.

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Enda Kenny The Taoiseach Fine Gael

In respect of-----

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The Taoiseach might clarify under what Act that was done?

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Under what legislation does that come?

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Seán Barrett An Ceann Comhairle Fine Gael

No. We are not having a debate on this. I have called Deputy Adams.

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Will the Taoiseach come back to us on the other one?

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Enda Kenny The Taoiseach Fine Gael

On the issue of GSOC, I commend Deputy Niall Collins on the introduction of his Bill. That is his right as a Member of the House. We have generously facilitated the opportunity for many Deputies to introduce Bills. The Government decided that the matter should be reviewed by the former Chief Justice of the Supreme Court, who will look at the balance that is required. I expect the former Chief Justice will make his report public in three months' time. It is a sensitive issue.

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On a point of order, under what legislation do we have to give six months notice?

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Enda Kenny The Taoiseach Fine Gael

Under the public employment services-----

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What legislation is it?

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Seán Barrett An Ceann Comhairle Fine Gael

There is no point of order in this regard. I call Deputy Adams.

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The Taoiseach said there is legislation. What is it?

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What legislation is it? I have not come across it.

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Seán Barrett An Ceann Comhairle Fine Gael

We are not having a debate on this issue. I call Deputy Adams.

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It is very important to have a debate.

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Seán Barrett An Ceann Comhairle Fine Gael

Deputy Martin should resume his seat. I have called Deputy Adams.

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This debate is on in the House right now, a Cheann Comhairle.

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Seán Barrett An Ceann Comhairle Fine Gael

Deputy Martin should resume his seat. I have called Deputy Adams. The matter is out of order on the Order of Business.

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The House will debate the issue this evening.

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Seán Barrett An Ceann Comhairle Fine Gael

Deputy Martin will have plenty of other ways of raising this issue. I call Deputy Adams.

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We now find there is a requirement regarding six months.

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Seán Barrett An Ceann Comhairle Fine Gael

Will Deputy Martin resume his seat. He is out of order.

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I am seeking clarification on the matter.

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Enda Kenny The Taoiseach Fine Gael

I will send Deputy Martin the name of it.

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Seán Barrett An Ceann Comhairle Fine Gael

I call Deputy Adams. The Taoiseach should please not respond.

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Deputy Martin was good at filling boards himself.

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I just want to get the information.

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Seán Barrett An Ceann Comhairle Fine Gael

Deputy Adams should be allowed to speak without interruption. Members should stay quiet.

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There is a lot of giddiness about.

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Seán Barrett An Ceann Comhairle Fine Gael

There is. I think there might be an election in the air.

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I think it is called an election.

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