Oireachtas Committees 2007 – 2011

Paper submitted to TCD

What function do committees serve in the Houses of the Oireachtas?  Which of the principle theories of legislative organisation, if any, (Distributive, Informational or Partisan) best accounts for the origins and practices of the current committee system. 

Leo Bollins

Houses of the Oireachtas Service

 

 

C O N T E N T S

 

 

Introduction. 2

Why do Parliamentary Committees exist?. 2

Categorisation of Committees. 3

Appointment of Committee Members. 3

Election of Chairmen of Committees. 4

Functions of Committees. 6

Making Laws. 6

The Budget 8

Appropriations. 8

Taxation. 8

Oversight of the Executive. 8

Administration of the Parliament 9

Theories of Legislative Organisation. 10

Conclusion. 11

Appendices. 12

Appendix 1 References. 13

Appendix 2 Categorization and Functions of Committees. 15

Appendix 3 Categorised List of Current Committees. 18

Appendix 4 Committee Chairmen, Members, Departments Marked. 22

Appendix 5 Appropriation Example. 27

Appendix 6 Comparison of Principal Theories in the Oireachtas. 29

Appendix 7 Number of Departmental Legislative Committees (1989-2010) 32

Appendix 8 Committees Activity 2009 – 2010. 33

 

 

Introduction

 

“A legislative committee is a sub group of legislators… entrusted with specific organisational tasks… designed to promote majority rule but also to protect minority rights” [Strom 1998. p22]

 

The functions of committees of the Houses of the Oireachtas have changed dramatically since the 1980s. Despite the fact that committees have no constitutional status, their power and influence is growing.

 

While Oireachtas Committees date back to the 1920s, permanent departmental legislative committees were first set up in 1993 (see table 1, appendix 7).

 

This paper will outline why committee exist, how members are appointed, how chairmen are selected, and the roles of different types of committee.

 

Why do Parliamentary Committees exist?

 

It is suggested (Kaare Strom p2] that legislative organisation generates two forms of differentiation: hierarchy and specialisation – and most committees are vehicles of specialisation. The recent neo-institutional literature stresses the following functions:

1. Economies of operation.
2. Gains from Trade.
3. Information Acquisition.
4. Partisan Co-ordination.

 

Committees can work in parallel, while the House could only work on one matter at a time. This is generally accepted and non-controversial benefit of committees

 

Oireachtas committees have been strengthened by the removal of some impediments over recent years:

• Committees of the Houses of the Oireachtas (compellability, Privileges and Immunities of Witnesses) Act 1997.
• Use of the Internet to make committee proceedings available to all in a timely manner as text and as live and recorded video.
• Absolute privilege is now granted to all witnesses appearing before committees. [2010]

 

Categorisation of Committees

 

I have categorized Oireachtas committees by function as follows:

• Departmental Committees – marking government departments
• Dáil select committees – department’s  budget, output statements
• Joint Committee – general policy
• Topical Committees – matters of topical interest, e.g. Climate Change
• General Committees – matters of more general interest, e.g. EU Affairs
• Internal Committees – looking after the administration of parliament
• Other Committees, bodies, and delegations

 

(See appendix 2 for more details of the categories, and appendix 3 for the list of current committees in each category)

 

Committees are certainly busy with 414 meetings from January to July in 2010. However, it is somewhat surprising that only 3 committee reports were debated in the Dáil, and only two reports were debated in the Seanad during 2010 (see appendix 8).

 

Appointment of Committee Members

 

It is a matter for each party to decide how its committee members are selected, but Dangaard [Erik Dangaard p 314] suggests the following factors that influence party decisions:

• Member preferences are incompatible – there are more candidates than seats for popular committees;
• Incumbency and seniority will put newcomers at a disadvantage;
• Competence, knowledge and expertise are important, but the party needs members to go on unpopular committees whether they like it or not.

 

Dangaard [Erik Dangaard p 320] goes on to say that the benefits for members of committees are:

• Get seats on better and more prestigious committees
• Become chairmen of committees
• Advance in the party group hierarchy
• Get leading positions within parliament as a whole
• Be promoted to government posts

 

In the Dáil, committee assignments are formally made by order of the house, in the Seanad assignments are formally made by the Committee of Selection.

 

In each case this is done following the negotiations between the party whips and the Government Chief Whip.

 

The government parties ensure that they have a majority on all committees. Departmental Joint committees usually have 15 members as follows:

• 11 Deputies on the Dáil select committee (6 government and five opposition deputies) and
• 4 Senators on the Seanad select committee (2 government and 2 opposition senators).

 

The parties control committee assignments.  Assignment to a prestigious committee is seen as a reward, and removal is a punishment.  The Labour Deputy Tommy Broughan was punished for not supporting the Labour Party’s position on stag hunting in the Dáil on Tuesday, 29 June 2010, by being replaced on the Committee of Public Accounts by Deputy Pat Rabbitte on 8 July 2010.

 

Election of Chairmen of Committees

 

Committee chairmen are formally elected by their respective committees. Departmental Joint Committees must have the same chairman as the Dáil select committee.

 

In practice, the chairmen posts are negotiated between the party whips and the Government Chief Whip in advance of the first meeting of the committee.

 

Out of 30 committees of the current Dáil and Seanad that I have examined (appendix 4), 7 have non government chairmen, 4 have ex officio chairmen, and 19 have government chairmen. In other words, 77% of committee chairmen are either government party members or ex officio chairmen.

 

Of the 12 departmental / legislative committees, only two are chaired by non government members: Deputy Willie Penrose (The Labour Party) and Deputy Jackie Healy-Rae (Independent).  The independent member invariably supports the government, so only one chairman (or 8%) is truly non government.

 

Functions of Committees

 

“In parliaments of the Westminster tradition committees are in many ways microcosms of the larger legislature. The majority party / parties in the legislature as a whole is also the committee majority, and often controls all committee chairmanships.”  [Kaare Strom. 1998. P65]

 

In the Westminster model, the role of parliament can be defined as follows:

• Making Laws
• The Budget:
• Appropriations
• Taxation
• Oversight of the executive
• Administration of the Parliament

 

The function of committees can be viewed as the delegation of the functions of the Houses to committees under these categories, together with a representative role on international bodies.

 

In the Westminster model the institution of Cabinet government confers proposal power, agenda setting power and effective control of the amendment process on the Cabinet, so there is little need for a reconciliation between the houses as the Cabinet will choose policies that will survive both houses. [Shepsle and Weingast. 1987. p 102]

 

Making Laws

 

In general, after a bill has passed the first and second stages in the chamber, it will either:

(a) be referred by the House for committee stage to a select committee (usual procedure in the Dáil) or

(b) taken in a committee of the Whole House (usual procedure in the Seanad).

 

The committee will consider the bill section by section, and may amend the bill. The amended bill is reported to the House for report stage.

 

A problem with this procedure is that the committee may not redraft the bill (unless the House makes a “notwithstanding standings orders” order allowing the committee to do so). The committee’s influence on legislation may be consequently limited as it is already drafted when they see the bill.

 

On occasion, the heads of a bill (draft bill) may be referred to a Joint Committee. The committee may invite submissions on the heads, and hold hearings. In this way the committee may have an influence on policy formulation. An example of this was the Broadcasting Bill in 2008, where the Joint Committee on Communications, Marine and Natural resources engaged in an eConsultation exercise. [ECRG 2007]

 

The Budget

 

Appropriations

 

Under Irish Financial Procedures, Government Departments may only spend four fifths of their previous year’s budget (with the consent of the Minister for Finance) until their Estimate has been passed by the Dáil [D/Finance2008, B1.2.2].

 

The practice is that the estimates are first referred by the Dáil to the appropriate departmental select committee which will have a meeting with the relevant Minister to discuss the estimate, and will report to the Dáil stating that the Estimate “was considered”.  The estimate will then be passed by the Dáil. See appendix 5 for an example of the consideration of an estimate.

 

Taxation

 

Taxes are authorised as part of the Finance Bill, which is referred to a committee.

The committee can consider the bill section by section, and make amendments thereto.

 

However, the committee is not empowered to increase taxes – that must be proposed by the Government – it can only reduce taxes.

 

Oversight of the Executive

 

While committees are not empowered to ask questions of Ministers akin to question time in the Dáil, there are a number of ways that a committee can over see the executive both ex ante and ex post.

 

Departmental / Legislative select committees may consider the following ((according to their orders of reference) in relation to the relevant Department

 

• Ex ante
• Bills
• Estimates
• International agreements;
• Ex post
• Annual Output Statements
• Value for Money
• Policy Reviews

 

The Dáil Committee of Public Accounts, perhaps the most powerful Oireachtas committee, considers the appropriation accounts of Government departments and the report of the Comptroller and Auditor General.

 

Joint Committees can consider the following (see Appendix 2 for more details) matters related to broad policy matters in relation to the relevant Department or bodies under its aegis:

 

• such public affairs as it may select;
• such matters of policy, including EU related matters, as it may select;
• annual reports and accounts, statements of strategy and corporate plans.

 

In this way the departmental joint committees have a broad mission to oversee the executive.

 

An interesting case in 1998 was where a regulator refused to appear before a committee. The regulator was eventually forced to appear – a salutary lesson for any recalcitrant public official. [Jonathan Westrup, page 11]

 

Administration of the Parliament

 

The Houses have a number of committees concerned with the administration of parliament, which is consistent with the separation of powers doctrine.

 

The Houses of the Oireachtas Commission, the “board” of the parliament, is responsible for the administration of the parliament. The Joint Administration Committee looks after administrative matters concerning the Houses, and refers matters to the Houses of the Oireachtas Commission for decision.

 

The Committees on Procedure and Privileges consider procedural matters for each House.

 

Members’ Interests committees look after ethics issues concerning Members, including contraventions of expenses regulations.

 

Theories of Legislative Organisation

 

Political Scientists agree that there are four main reasons why committees exist [Tim Groseclose and David C King. 2000, p2] which may be summarised as follows:

 

• Information Efficiency Theory
• Distributive Benefits Theory
• Majority Party Cartel Theory
• Bicameral Rivalry Theory

 

Appendix 6 contains an analysis of how the principal theories of legislative organisation apply to the Houses of the Oireachtas.

 

Information Efficiency Theory

 

Scholars cast doubt on this theory reminding us that the legislative majority determines all committee powers and voting rules, and assignments. It the committees systematically thwarted the will of the majority, they would not adopt them. [Strom 1998. p 26]

 

Negative indicators include the fact that committee chairs are not subject to votes of parliamentary parties, and committees have limited gate keeping powers.

 

However, the table suggests support for this theory. The seniority system, in the Irish context party spokesmen, means that members are incentivised to become experts in the field, and would expect career advancement in future.

 

Distributive

 

Given the power of the cabinet in the Irish context, exclusive proposal power in relation to taxes and spending, effective control of the amendment process, one would expect this theory to be of limited effect. This is counterbalanced by oversight powers.

 

As expected, the evidence is mixed here, tending against the theory. However, in practice opposition members are represented on committees.

 

Partisan

 

Given the fact that the parties control committee assignments, and a government majority is assured on each committee, we would expect strong support for this theory.

 

There is little evidence against this theory. As the government parties have a majority on the committees, the existence of gate keeping powers to thwart the House is academic.

 

Bicameral rivalry

 

There is some evidence of this theory. Why is legislation referred to select committees of the Dáil, instead of Joint Committees? The effect is to retain the power in the Dáil.

 

Conclusion

 

Committees are microcosms of the Houses, and have certain powers delegated to them by the Houses. However, they are subject to the Houses.

 

The partisan theory seems the best fit for Oireachtas committees, followed by the informational theory, with limited evidence for distributional and bicameral rivalry theories.

 

Appendices

 

Appendix 1 References

 

• Oireachtas Web site
• Standing Orders Public Business
• Dáil Éireann Standing Orders Relative to Public Business Together With Oireachtas Library Rules 2007
  http://www.oireachtas.ie/viewdoc.asp?DocID=7900&CatID=5
• Modifications currently in effect to 2007 Edition of Dáil Standing Orders from 7 July 2010
  http://www.oireachtas.ie/viewdoc.asp?DocID=15783&CatID=5
• Seanad Éireann Standing Orders relative to Public Business 2007
  http://www.oireachtas.ie/ViewDoc.asp?fn=/documents/ProceduralDocuments/document1.htm&CatID=31&m=s
• Standing Order Private Business
• Houses of the Oireachtas Standing Orders relative to Private Business 1939
  http://193.178.2.84/test/R/1939/en.toc.com.ORDERS_16021939_1.html
• Orders of Reference
  http://www.oireachtas.ie/ViewDoc.asp?DocId=-1&CatID=72&m=k
• Lists of Committees

  http://www.oireachtas.ie/ViewDoc.asp?fn=/documents/committees30thdail/JointCommittee_list.htm&CatID=12&m=k

   

• On-line Committee Archives
• Historical Committee Debates 1924 – 2009 (under construction) http://193.178.2.84/test/C/en.toc.com.html
• Historical Committee Debates 1924 – 2010 (under construction)
  http://debates.cahill-printers.ie/
  (soon to be http://debates.oireachtas.ie)
• Historical Committee reports 1922 – 2007 (under construction)
  http://193.178.2.84/test/R/index.html

 

Department of Finance. 2008. B1.2.2 Public Financial Procedures.
http://www.finance.gov.ie/viewdoc.asp?DocID=5573

 

Erik Dangaard, How Parties Control Committee Members

 

 

ECRG. 2007. ECRG Evaluation of the Houses of the Oireachtas Pilot e-Consultation for the Proposed Broadcasting Bill

http://www.oireachtas.ie/viewdoc.asp?DocID=8305

 

Tim Groseclose and David C King. 2000. Committee Theories Revisited, Congress Reconsidered.

 

Keith Krehbielm Kenneth A, Shepsle, and Barry R. Weingast. 1987. Why are Committees Powerful? The American Political Science Review, Vol. 81, No. 3, pp.929-945.

 

Kenneth A. Shepsle and Barry A. Weingast. 1987. American Political Science Review Vol 81

 

Kaare Strom. 1998. Parliamentary Committees in European Democracies, The Journal of Legislative Studies

 

Kaare Strom. Parliamentary Government and Legislative Organisation.

 

Jonathan Westrup. 2007. Regulatory Governance, UCD Geary Institute Discussion Paper Series

 

 

Appendix 2 Categorization and Functions of Committees

Categorization and Functions of Committees [30^th Dáil and 23^rd Seanad] 2007 – 2012

 

Committees of the current Houses of the Oireachtas can be categorized as follows

 

• Departmental Committees
  Designed to oversee the work of Government Departments and agencies and bodies under their aegis. There are both Dáil Select Committees and Joint Committees. Seanad Departmental Select committees also exist in theory but in practice do not meet except as part of the Joint Committee. Typical order of references would include
• Dáil Select Committees – legslation
  Orders of reference: to consider such matters referred to the committee by the Dáil including
• such Bills the statute law in respect of which is dealt with by the relevant Department;
• such Estimates for Public Services within the aegis of the relevant Department;
• motions re the approval by Dáil Éireann of the terms of international agreements involving a charge on public funds;
• Annual Output Statements produced by the relevant Department; and
• Such Value for Money and Policy Reviews conducted and commissioned by the relevant Department as it may select.
• Joint Committees – policy
  Orders of reference: to consider matters such as
• such public affairs administered by the Department as it may select, including, in respect of Government policy, bodies under the aegis of that Department;
• such matters of policy, including EU related matters, for which the relevant Minister is officially responsible as it may select;
• such related policy issues as it may select concerning bodies which are partly or wholly funded by the State or which are established or appointed by Members of the Government or by the Oireachtas;
• such Statutory Instruments made by the Minister for Transport and laid before both Houses of the Oireachtas as it may select;
• such proposals for EU legislation and related policy issues as may be referred to it from time to time, in accordance with Standing Order 83(4);
• the strategy statement laid before each House of the Oireachtas by the Minister for Transport pursuant to section 5(2) of the Public Service Management Act 1997, and for which the Joint Committee is authorised for the purposes of section 10 of that Act;
• such annual reports or annual reports and accounts, required by law and laid before either or both Houses of the Oireachtas, of bodies specified in paragraphs 2(i) and (iii), and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select;
• such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas,
  and shall report thereon to both Houses of the Oireachtas
• Topical Committees
• These committees deal with issues of topical importance
• Can be permanent such as the Committee of Public Accounts which is a standing committee
• Can be semi permanent sectoral committees set up at the beginning of a parliamentary session and continue until the next election,
• or ad hoc, perhaps with a time limit, such as the Joint Committee on the Constitutional Amendment on Children which under its orders of reference: “shall report back to each House with recommendations in a final report four months from the date of establishment”
• Internal Committees
• These committees deal with the internal business of running parliament.
• Matters such as administration, budgets, Members Interests are handled.
• Examples are the Committees on Procedure and Privileges, Joint Administration Committee.
• General Committees
• These committees have a more general remit
• Examples include the Joint Committee on European Affairs, and the Joint Committee on European Scrutiny
• Other Committees and Bodies
• These committees and bodies are set up by the Houses for specific purposes or delegations are sent to represent the House or Houses.

 

Sources

[Oireachtas Web Site, Lists of committees]

[Oireachtas Web Site, Orders of Reference]

 

 

 

Appendix 3 Categorised List of Current Committees

Categorised List of Committees [30^th Dáil and 23^rd Seanad] 2007 – 2012

 

• Departmental Committees
• Dáil Select Committees – Sectoral Committees
• Select Committee on Agriculture, Fisheries and Food
• Select Committee on Tourism, Culture, Sport, Community, Equality and Gaeltacht Affairs
• Select Committee on Communications, Energy and Natural Resources
• Select Committee on Education and Skills
• Select Committee on Enterprise, Trade and Innovation
• Select Committee on the Environment, Heritage and Local Government
• Select Committee on Finance and the Public Service
• Select Committee on Foreign Affairs
• Select Committee on Health and Children
• Select Committee on Justice, Defence and Women’s Rights
• Select Committee on Social Protection
• Select Committee on Transport
• Joint Committees – Sectoral Committees – consisting of select committees of Dáil Éireann joined with select committees of Seanad Éireann to form Joint Committees
• Joint Committee on Agriculture, Fisheries and Food
• Joint Committee on Tourism, Culture, Sport, Community, Equality and Gaeltacht Affairs
• Joint Committee on Communications, Energy and Natural Resources
• Joint Committee on Education and Skills
• Joint Committee on Enterprise, Trade and Innovation
• Sub Committee on Job Creation through the Use of Renewable Resources
• Joint Committee on the Environment, Heritage and Local Government
• Joint Committee on Finance and the Public Service
• Joint Committee on Foreign Affairs
• Sub-Committee on Overseas Development
• Sub-Committee on Human Rights
• Joint Committee on Health and Children
• Sub-Committee on the High Level of Suicide in Irish Society
• Joint Committee on Justice, Defence and Women’s Rights
• Sub Committee on Women’s Participation in Politics
• Joint Committee on Social Protection
• Joint Committee on Transport
• Conjoined Committees – two Joint Committees meeting together
• Topical Committees
• Joint Committees
• Joint Committee on the Implementation of the Good Friday Agreement
• Joint Committee on Constitution
• Joint Committee on European Affairs
• Joint Committee on European Scrutiny
• Joint Committee on Climate Change and Energy Security
• Joint Committee on the Constitutional Amendment on Children
• Joint Committee on Economic Regulatory Affairs
• General Committees
• Committee of Public Accounts [Dáil]
• Joint Committee on European Affairs
• Joint Committee on European Scrutiny
• Standing Joint Committee on Consolidation Bills.
• Joint Committee on Private Bills
• Special Committees
• Conference Committees
• Joint committees set up to consider the impeachment of the President or a judge
• Committee of the Whole House (Dáil)
• Committee of the Whole House (Seanad)
• Internal Committees
• Dáil Committees
• Committee on Procedure and Privileges [SO99]
• sub-Committee on Dáil Reform
• sub-Committee on Compellability
• Committee on Members’ Interests (functions conferred on it by the Ethics in Public Office Acts 1995 and 2001) [SO101]
• Seanad Committees
• Committee of Selection
• Committee on Procedure and Privileges
• sub-Committee on Compellability
• Committee on Members’ Interests (functions conferred on it by the Ethics in Public Office Acts 1995 and 2001)
• Joint Committees
• Joint Administration Committee which amalgamates
• sub-Committee on Members’ Services,
• Joint House Services Committee and
• Joint Committee on Broadcasting and Parliamentary Information
• Joint sub-Committee on Compellability
• Working Group of Chairmen consisting of the Chairman of each
• Standing Committee (other than the Committees on Procedure and Privileges),
• Select Committee,
• Special Committee, and
• Joint Committee
• Houses of the Oireachtas Commission
• Supported by the Management Committee composed of the Secretary General and four directors.
• Informal Feedback Forum – members make their views known to the Houses of the Oireachtas Service
• Parliamentary Parties and Groups (Caucuses in US)
• Whips (Meetings of the party Whips with the Government Chief Whip to discuss the Dáil agenda)
• Other Committees, Bodies, and Delegations

• Government of Ireland – the “Cabinet”
• British-Irish Inter-Parliamentary Assembly
• Presidential Commission
• Committee of Privileges (constitutional body dealing with disputes between the Houses over money bills)
• Delegations
  • Inter-Parliamentary Union (Irish Parliamentary Association) (Cumann Parlaiminteach na hÉireann)
  • Parliamentary Assembly of the Council of Europe
  • Parliamentary Assembly of the Organisation for Security and Co-operation in Europe (OSCE)
  • Parliamentary Assembly of the Western European Union (WEU) (Observer status)
  • COSAC (Conférence des organes spécialisés dans les affaires communautaires) (Conference of the Community and European Affairs Committees)
  • Conference of Chairmen of Foreign Affairs Committees of Parliaments of the European Union and the European Parliament
  • Conference of Speakers of EU (European Union) Parliaments
  • Conference of Speakers and Presidents of European Parliaments

 

Source: [Oireachtas Web Site, Lists of committees]

 

Appendix 4 Committee Chairmen, Members, Departments Marked

 

Committee	Number of Members			Chairman Party	Committee No. 1 – 30
	Joint	Dáil Select	Seanad Select		Chairman G | NG | ex o Oversight
Departmental / Legislative Committees
Joint Committee on Agriculture, Fisheries and Food	17	13	4	Johnny Brady Fianna Fáil	1 G Department of Agriculture, Fisheries and Food
Joint Committee on Tourism, Culture, Sport, Community, Equality and Gaeltacht Affairs	19	13	6	Tom Kitt, Fianna Fáil	2 G Department of Arts, Sport and Tourism and the Department of Community, Rural and Gaeltacht Affairs
Joint Committee on Communications, Energy and Natural Resources	15	11	4	M.J. Nolan, Fianna Fáil	3 G Department of Communications, Energy and Natural Resources
Joint Committee on Education and Skills	15	11	4	Paul Gogarty, Green Party	4 G Department of Education and Science
Joint Committee on Enterprise, Trade and Innovation	15	11	4	Willie Penrose, Labour Party	5 NG Department of Enterprise, Trade and Employment
Joint Committee on the Environment, Heritage and Local Government	15	11	4	Sean Fleming, Fianna Fáil	6 G Department of the Environment, Heritage and Local Government
Joint Committee on Finance and the Public Service	15	11	4	Michael Ahern Fianna Fáil	7 G Department of the Taoiseach and the Department of Finance;
Joint Committee on Foreign Affairs	17	11	6	Michael Woods, Fianna Fáil	8 G Department of Foreign Affairs
Joint Committee on Health and Children	17	13	4	Seán Ó Fearghaíl, Fianna Fáil	9 G Department of Health and Children
Joint Committee on Justice, Defence and Women’s Rights	17	13	4	Brendan Kenneally, Fianna Fáil	10 G Department of Justice, Equality and Law Reform and the Department of Defence
Joint Committee on Social Protection	15	11	4	Jackie Healy-Rae, Independent	11 NG Department of Social and Family Affairs
Joint Committee on Transport	15	11	4	Frank Fahey Fianna Fáil	12 G Department of Transport
Other Committees
Joint Committee on the Constitution	15	11	4	Sean Ardagh Fianna Fáil	13 G
Joint Committee on the Implementation of the Good Friday Agreement	15	11	4	Noel Treacy, Fianna Fáil	14 G Northern Ireland MLAs may attend
Joint Committee on European Affairs	17	11	6	Bernard Durkan, Fine Gael	15 NG Irish MEPs may also attend
Joint Committee on European Scrutiny	15	11	4	John Perry Fine Gael	16 NG Irish MEPs may also attend
Joint Committee on Climate Change and Energy Security	17	13	4	Dinny McGinley, Fine Gael	17 NG
Joint Committee on the Constitutional Amendment on Children	17	13	4	Mary O’Rourke, Fianna Fáil	18 G
Joint Committee on Economic Regulatory Affairs	15	11	4	Michael Moynihan, Fianna Fáil	19 G
Committee of Public Accounts	Na	12	Na	Bernard Allen Fine Gael	20 NG By convention chaired by an opposition member
Committee on Procedure and Privileges Dáil	Na	18	Na	Séamus Kirk Ceann Comhairle	21 Ex officio
Committee on Members’ Interests of Dáil Éireann	Na	5	Na	Noel O’Flynn	22 G
Committee of Selection	Na	Na	10	Paddy Burke, Fine Gael	23 NG
Committee on Procedure and Privileges Seanad	Na	Na	12	Pat Moylan  Cathaoirleach	24 Ex officio
Committee on Members’ Interests of Seanad Éireann	Na	Na	7	Pat Moylan Cathaoirleach	25 Ex officio
Joint Administration Committee	23	15	8	Ned O’Keeffe, Fianna Fáil	26 G
Standing Joint Committee on Consolidation Bills	6	3	3	Sean Fleming Fianna Fáil	27 G
Working Group of Committee Chairmen	24	22	2	Noel O’Flynn Fianna Fáil	28 G Chairmen of all joint, select, standing, and special committees except Procedure and Privileges
British-Irish Inter-Parliamentary Body	25	17	8	Niall Blaney (Co-Chair)  Fianna Fáil	29 G UK Parliaments also represented
Houses of the Oireachtas Commission	11*	6	4	Séamus Kirk Ceann Comhairle	30 ex officio, * Houses of the Oireachtas Secretary General is also a member

 

G = Government Chairman

NG = Non Government Chairman

Ex officio = chairman determined by standing orders

 

Out of 30 committees, 7 have non government chairmen, 4 have ex officio chairmen, and 19 have government chairmen. 

 

Of the 12 departmental / legislative committees, only two are chaired by non government members: Willie Penrose (The Labour Party) and Jackie Healy-Rae (Independent), and the independent member invariably supports the government.

 

Source: Oireachtas Web site

http://www.oireachtas.ie/ViewDoc.asp?fn=/documents/committees30thdail/JointCommittee_list.htm&CatID=12&m=k

 

 

Appendix 5 Appropriation Example

 

Department of Transport 2009 €3.1 billion

 

This is a brief summary of how the appropriation for the Department of Transport was processed by the Houses of the Oireachtas during 2009.

 

There was little debate in the Houses. While the select committee did discuss the estimate, no report was made to the Dáil, so there was no debate in the Dáil.

 

(1) Circulation and referral of Estimates to select committees

 

Circulation of Revised Estimates 2009: Motion. Thursday, 23 April 2009 Dáil Eireann Debate Vol. 680 No. 4

 

Minister for Finance (Deputy Brian Lenihan):     I move:

 

That, notwithstanding Standing Order 154(1) or (2) of the Standing Orders of Dáil Éireann relative to Public Business, Revised Estimates for the Public Services for the year ending 31st December 2009, be presented to the Dáil and circulated to members on 23rd April 2009, being a date later than that prescribed for the presentation of Estimates and that the Revised Estimates be referred to Select Committees pursuant to Standing Order 154(3) and paragraph (1)(a)(ii) of each Committee’s Orders of Reference.”

 

Question put and declared carried.

 

(2) Consideration of the Estimates by the select committee and report agreed

 

Committee consideration – Select Committee on Transport – 16 June 2009

http://debates.oireachtas.ie/DDebate.aspx?F=TRS20090616.XML&Ex=All&Page=1

Message to the Dáil

 

“The Select Committee on Transport has completed its consideration of the following Estimates for public services for the year ending 31 December 2009: Vote 32 — Department of Transport (Revised).”

 

Appropriation of sums voted for supply services, totalling €47,868,895,000.

Appropriation Bill 2009 – text and debate available here

http://www.oireachtas.ie/viewdoc.asp?DocID=13753&&CatID=59

 

(3) Message from select committee read to the Dáil

 

Estimates for Public Services 2009: Messages from Select Committees.

Tuesday, 16 June 2009 Dáil Éireann Debate

Vol. 684 No. 5

 

An Leas-Cheann Comhairle:

 

… the Select Committee on Transport has completed its consideration of Vote 32 for the year ending 31 December 2009;…

 

 

(4) Estimates agreed by the Dáil

 

Estimates for Public Services 2009.

Wednesday, 24 June 2009 Dáil Eireann Debate

Vol. 685 No. 4

 

Minister for Finance (Deputy Brian Lenihan):     I move the following Revised Estimates:

 

 

Vote 32 — Transport (Revised Estimate).

 

That a sum not exceeding €2,515,935,000 be granted to defray the charge which will come in course of payment during the year ending on the 31st day of December, 2009, for the salaries and expenses of the Office of the Minister for Transport, including certain services administered by that Office, for payment of certain grants and certain other services, and that a sum not exceeding €78,500,000 be granted by way of the application for capital supply services of unspent appropriations, the surrender of which may be deferred under Section 91 of the Finance Act 2004.

 

An Ceann Comhairle:     Question put, “That the Revised Estimates for public services, Votes 1 to 41, inclusive, for the year ending 31 December 2009 be agreed to.”

 

The Dáil divided: Tá, 73; Níl, 63.

 

(5) Appropriation Bill passed by the Dáil – no debate

 

Appropriation Bill 2009: Second and Subsequent Stages.

Wednesday, 16 December 2009 Dáil Eireann Debate

Vol. 698 No. 4

 

An Ceann Comhairle:     In accordance with the Order of the House today, I must put the following question: “That the Bill is hereby read a Second Time; that sections 1 to 4, inclusive, Schedules 1 and 2, and the Title are hereby agreed to in Committee, and the Bill is, accordingly, reported to the House without amendment; that Fourth Stage is hereby completed and the Bill is hereby passed.”

 

Deputy Emmet Stagg:     I wish to oppose this measure.

 

Question put.

 

The Dáil divided: Tá, 73; Níl, 69.

 

(6) Appropriation Bill Passed by the Seanad

 

Appropriation Bill 2009 [Certified Money Bill]: Committee and Remaining Stages.

Thursday, 17 December 2009

 

Bill reported without recommendation, received for final consideration and ordered to be returned to the Dáil.

Appendix 6 Comparison of Principal Theories in the Oireachtas

 

 

	Informational	Distributive	Partisan	Bicameral Rivalry
Legislative committees are separate not joint across the chambers	- Information could be provided by one committee, why use two?	- Could be supplied by one committee – why need two?	? Not clear if support for party re-election chances in other house	+ House (Dáil) keeps power to its own committees, not shared with other House (Seanad)
Opposition Parties receives Committee Seats	+ Committee representative of House	+ Interests from opposition are represented	- If Government parties are cartel why give seats to opposition?	+/- Theory not party based
Proportionate seats for opposition parties	+ Committee representative of House	- Not matched to highest demanders	- If Government parties are cartel why give seats to opposition?	+/- Theory not party based
Seniority System – based on Spokespersons?	+ Spokespersons will have seniority, incentive to specialise   Career incentive also	+ Intense interests cannot be easily removed, aim may be a Cabinet position or chair	- Takes away power from party leadership, parliamentary parties	+/- Theory only interested in maximising resources for House
Committee chairs are subject to votes of parliamentary parties	- Would not support information theory	- Would not support distributive theory	+ More power to the parties	+/- Theory not party based
Committees have limited gate keeping powers	-/+ Less power to floor median	+ Committees must have gate keeping powers to protect previous logrolls	-/+ Committees are usually controlled by the Government parties, so gate keeping power is irrelevant	+ Committee must have gate keeping power to get extra resources for the chamber
Discharge motions / Guillotine motions	+/- House retains the power to discharge an bill from a committee, or make a guillotine order	- Restricts gate keeping power, hence ability to enforce logrolls	? Stops committees from thwarting the will of the Government parliamentary parties	- Negates hurdle that committee create

 

 

+ = evidence supports theory

- = evidence does not support theory

 

 

Based on analysis by Tim Groseclose and David C King. 2000.

 

 

Appendix 7 Number of Departmental Legislative Committees (1989-2010)

 

Dates	House	Number of Departmental Legislative Committees
2007 – 2012	30th Dáil	12
2002 – 2007	29th Dáil	12
1997 – 2002	28th Dáil	12
1993 – 1997	27th Dáil	5
1989 – 1992	26th Dáil	0
Table 1 Number of Departmental Legislative Committees (1989-2010) Source [On-line Committee Archives]

 

 

 

 

Appendix 8 Committees Activity 2009 – 2010

 

 

 

Committees (1/1/2010 to 31/7/2010)
No. of Committee meetings (Total)	414
No. of Committee sitting hours (Total)	722
No. of Committee reports (Total)	61
Committee Reports debated in Dáil (Total)	3
Committee Reports debated in Seanad (Total)	2
Committees (1/1/2009 to 31/12/2009)
No. of Committee meetings (Total)	571
No. of Committee sitting hours (Total)	1,032
No. of Committee reports (Total)	58
Committee Reports debated in Dáil (Total)	N/A
Committee Reports debated in Seanad (Total)	N/A
Table 2: Committee Activity 2009 and January – July 2010 Source: Oireachtas MIF (Management Information Framework) Unit

 

 

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