Joe O'Toole (Independent)

I want to make two points. We pick up our newspapers day after day and see that it has taken three years for the State under the Criminal Assets Bureau to get attachment of Mr. Gilligan's property. It has to go through all sorts of hoops to do that. Any professional body, say, the Medical Council, that wants to strike off or deprive somebody of his or her salary must go to the High Court to get approval for that decision, and it is the same for almost every professional body. If the Law Society of Ireland wants to deprive somebody of his or her salary, after taking the decision it must get it endorsed by the High Court. I could give other examples closer to home with which we have been dealing in recent times.

The idea that an official can decide he or she has reached the last resort and has dealt with all the issues without having to explain himself or herself to any outside body is outrageous. I believe this measure will be tested and I do not believe it will sustain a challenge. I do not believe it is sound. Obviously, the Minister of State is not for turning on it but he must see this as I do. When we consider what one must go through to attach someone else's property, I cannot understand how it can be done in this legislation.

To save the Minister of State repeating himself, I agree with everything he said in the example he outlined. Nobody is arguing about that. We have all said that. If there is tax owing it must be got. We want to give proper powers to the Revenue Commissioners but we are saying these powers seem not only excessive but perhaps ultra vires and questionable constitutionally. That is my last say on the matter. I hope the Minister of State will respond to some of those points. If he does not, I cannot do anything about it.