Legality of Andrews's role assisting Burke challenged

THE NEW Taoiseach, Mr Ahern, is being challenged on the legality of the responsibilities allocated to Mr David Andrews following the appointment of a predictable Cabinet late last night.

He appointed Mr Andrews as Minister for Defence and Mr Ray Burke as Minister for Foreign Affairs. He also proposed, however, that Mr Andrews would have a responsibility under the direction of the Minister for Foreign Affairs" for European Affairs. Mr Andrews would also "assist" Mr Burke in representing the Government at the Northern peace talks.

This move was immediately challenged by Mr Bruton and Mr Spring in their first speeches from the Opposition benches. They asserted it would be in breach of collective responsibility and the spirit of the Constitution for one Minister to be subordinate to another. They also said the Ministers and Secretaries Act would have to be amended to allow for such a change to be legalised.

In a statement later, Mr Spring said there was no power whatsoever for the Government to provide that the acts of one minister would be under the direction of another minister. "The Taoiseach's speech today simply cannot be lawfully put into effect without the introduction and passing of a Bill to that effect".

There were no surprises among the six members of the Fianna Fail front bench promoted to ministerial rank for the first time, nor in the seven former Ministers brought back to the Cabinet table.

The leader of the Progressive Democrats, Ms Harney, was appointed the first woman Tanaiste in the State and Minister for Enterprise, Employment and Trade. Mr Ahern's election as Taoiseach - by a comfortable 85 votes to 78 - received a warm standing ovation from all sides. By abolishing the Department of Equality and Law Reform and bringing its responsibilities within Justice, Mr Ahern had scope to split Defence and the Marine into two separate Departments.

Mr Ahern outlined a number of "substantial changes" in the organisation of Departments. The Minister for Public Enterprise, Mrs Mary O'Rourke, will take over the Department of Transport, Energy and Communications. Mr Brian Cowen becomes Minister for Health and Children while Mr John O'Donoghue is Minister for Justice, Equality and Law Reform.

Cork is rewarded with two Cabinet seats: Mr Micheal Martin as Minister for Education, Science and Technology and Mr Joe Walsh as Minister for Agriculture. Food and Forestry with the new Food Safety and Quality Authority placed in Health.

Mr Dermot Ahern is Minister for Social Welfare which will later be renamed the Department for Social, Community and Family Affairs. Mr Charlie McCreevy becomes Minister for Finance while Dr Michael Woods becomes Minister for the Marine.

For the first time in 10 years yesterday the Dail elected a Taoiseach and the outgoing government crossed the floor of the House on the first day it met.