The Tβnaiste, Ms Harney, should revisit that section of the proposed Competition Bill designed to stifle criticism from an independent body. The Minister for Enterprise, Trade and Employment indicated her intention, earlier this month, to limit the freedom of expression of the chairman of the Competition Authority in giving evidence before an Oireachtas Committee. One of the provisions of the Competition Bill, due to pass into law this year, would prevent the chairman from questioning or expressing an opinion "on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy".
It isn't good enough. The painstaking work in making the process of government more transparent and ministers more responsible to the electorate for their actions is threatened by such an approach.
What is the point in appointing an authority "independent" of government if its chairman is prevented from going before Public Accounts - the most prestigious and effective Dail committee - to justify or amplify criticisms of ministerial policy made elsewhere? The granting of new powers to Oireachtas committees was intended to provide a further check on the powers of the Executive, but this measure seeks to stem reform.
Traditionally, Oireachtas committees have been kept severely in their place by government. And while change has taken place, it has been heavily ring-fenced. Government policy, where senior civil servants are concerned, is still a no-go area. When they arrive to give evidence, members of the Public Accounts Committee are required by their own standing orders to "refrain from inquiring into the merits of a policy or policies of the government, or a minister of the government, or the merits of the objectives of such policies".
Such an approach is an anachronism in today's world. But the thrust of recent legislation has been to extend this restriction to independent agencies. Last June, the chief executives of both the Irish Horseracing Authority and Bord na gCon would have been prevented from criticising government and ministerial policy before the Public Accounts Committee had the legislation not been amended at the last moment. In accepting the objections of Fine Gael and the Labour Party and deleting the provision, the Minister for Agriculture, Mr Walsh, observed: "it is important in a democracy that a liberal attitude be taken to critical comment". Just so. The Tβnaiste should think again.