Constitutional change needed for Opposition to propose financial measures

Members of the Oireachtas budgetary committee are to be advised Opposition TDs cannot propose any financial measures without a constitutional amendment.

Legal advice provided to the committee says the rules, which state a member of the Government must move any financial resolution, are constitutionally necessary.

The members were told constitutional change would be required to allow Opposition TDs move a measure that would have a cost to the public purse.

The legal team advising the committee were asked to examine a number of areas of reform, including allowing all members to table and move amendments involving a financial charge or amendments that pertained an “incidental expense” to the public purse.

However the legal advice insisted it is not constitutionally permissible for an Opposition TD to move a financial resolution.

On the second proposal, it says it would be the decision of the Ceann Comhairle and his officials to define an incidental expense.

This could lead to administrative difficulties, delays in the legislative process and a potential frustration to the legislative system.

However, the advice does say there is no legal impediment to facilitating members to discuss possible amendments without a vote being called by the chairman.

It is understood a number of Opposition TDs are frustrated with the legal advice and the restrictions placed on the committee.

The committee meets this morning to discuss the advice.

Minister for Finance Michael Noonan and Minister for Public Expenditure and Reform Paschal Donohoe are to meet with the committee on Wednesday afternoon.

In a submission, the two Ministers said they hoped early engagement with the members to ensure their views are considered by Government when preparing the budget.