I call Deputy Howlin.

Last week the Taoiseach unveiled his new Cabinet. It included an unprecedented number of Ministers of State with the right to attend at Cabinet. Within 24 hours, it emerged that one of these four Ministers of State could not receive the corresponding allowance without a change in the law. The Labour Party made it clear that we would oppose any such legislation and others likewise, and it is abundantly clear that such legislation could not pass this Dáil.

Over the weekend the situation got worse. It has emerged that the payment of a third such allowance to the Government Chief Whip from last year was also unlawful. The Whip was paid an allowance of €15,829 for her role as Government Whip. No such position exists under law. It is clear from the documents released under freedom of information that the allowance was paid to the Government Whip on the understanding that the Government Whip was actually being paid for her responsibilities as Fine Gael Whip. This might seem like a technical and minor matter, however under the law no allowance can be paid to a party Whip, if that person is a Minister or a Minister of State. This means that one cannot pay such an allowance to the new Government Chief Whip. It also means that an illegal overpayment has been made to Deputy Doherty. This is a mess that was started by the Taoiseach's predecessor, but in seeking to create additional jobs for Fine Gael Deputies in this House, he has made it worse. Several simple questions arise. First, does he accept that an illegal payment was made to the Government Chief Whip over the last year and more? Second, does he intend to recover this overpayment, since this House is well aware of the Taoiseach's diligence in ensuring that people who are overpaid by the State make full recovery? Third, does he accept that only two of those he appointed as super juniors can be paid for that role? Finally, how is it to be determined which two of the four are to be paid such an allowance?

First, it is longstanding practice that the Chief Whip had a Chief Whip's allowance, just as there are allowances for the assistant Government Whips and there are allowances for party Whips. I do not accept that the payment of a Chief Whip's allowance or any allowances paid to Whips in this House is somehow illegal but I will examine the matter further -----

The Taoiseach will find that I am right.

-----and make whatever changes or recoveries are necessary if what the Deputy says is correct.

I am very pleased that the Minister of State, Deputy Mitchell O'Connor, will remain at the Cabinet table. She has been an excellent Minister in the time gone by and is enormously suited to the Department of Education-----

Why did the Taoiseach drop her then?

She has experience as a school principal and a master's degree in education. My intention is that all Ministers of State who attend the Cabinet - four Ministers of State attend the British Cabinet, so it is not unprecedented - should-----

May we have order?

My intention is that all Ministers of State who attend the Cabinet should be paid the same salary, but if this requires legislation, it will not be priority legislation.

We will not vote for it; we will vote against it. Do not bother.

The priority legislation in education will be legislation such as the Technological Universities Bill, not legislation relating to payments for any politician.

The Act is crystal clear. An allowance is payable to party Whips, but such an allowance is not payable - it is crystal clear in the Act - to someone who is a Minister or Minister of State. An allowance was payable to a Minister of State who may attend Cabinet separately, and two such allowances can be paid under separate legislation, but the Taoiseach has four Ministers of State attending Cabinet. In order to accommodate a third last year, his predecessor created this new Government Whips allowance which does not exist in law. That is the simple fact of the matter. Unfortunately, a significant overpayment is being made to a member of his Government. My simple question is whether he will ensure that the law is complied with and this overpayment recouped? Furthermore, is it his intention to then have four Ministers of State attending Cabinet, two paid an allowance and two not?

As I mentioned earlier, it has been a long-standing practice that the Chief Whip is paid a Chief Whip's allowance.

Under the law.

That has been the case for many previous Governments-----

When two were paid an allowance. There is a law-----

The assistant Government Whips, as the Deputy knows, also get allowances. However, of course we will comply with the law if there has been an overpayment. If so, yes, absolutely, such an overpayment would have to be recouped. I will have to examine the situation and understand it fully. The interest of the Ministers who sit around my Cabinet table is not in salaries and allowances, so I will not prioritise any legislation to afford an allowance that does not already exist. The focus of this Government will be on getting through legislation that matters to the people. I will not introduce legislation at an early stage to provide any additional allowances to any politician.