InsidePolitics/Stephen Collins: The resumption of the Dáil on Wednesday confounded the expectations of TDs on all sides of the House.
The most widely anticipated event of the first day back didn't happen, but the Taoiseach and his Minister for Finance managed to surprise the House with two entirely unexpected announcements that raised eyebrows.
The first surprise came from the Taoiseach in reply to a question from Fine Gael leader Enda Kenny about road deaths. Mr Ahern referred to the issue of random roadside breath-
testing: "The Attorney General has given his advice on the matter. It is legal and constitutional to have random breath-testing."
This was news to TDs of all parties but, in particular, it was news to Minister for Transport Martin Cullen. Since his appointment to Transport he had maintained consistently that the Attorney General had advised the Cabinet that random testing was unconstitutional. It had become accepted political wisdom that the matter could not be dealt with by legislation and that a referendum to change the Constitution was required. Only two weeks ago an Oireachtas committee recommended that the Government go ahead with such a referendum. In one fell swoop the Taoiseach pulled the rug from under his Minister and the Oireachtas committee.
Afterwards TDs wondered why, if random testing can be introduced by legislation, it was it not done years ago. The other question was what all the legal advice was about if it could be reversed so suddenly.
TDs were still scratching their heads an hour later when Finance Minister Brian Cowen came into the House to make a personal statement.
"My department was advised late in the evening of Tuesday, 17 January, 2006, by the Department of Health and Children, that the Health Service Executive had advised it on that day that there may be some alterations to its estimated outturn and, con-
sequently, to its capital carry-over figure of €56.4 million, included in the Appropriation Act 2005."
In simple language €56.4 million had gone missing. The sum, allocated for capital spending in the health service, was apparently used to meet day-to-day expenses in contravention of all known accounting rules.
The Opposition demanded an explanation but did not get one, as the mechanism used by Mr Cowen to make the announcement was a personal statement, which cannot be questioned. The statement gave the Opposition an ideal opportunity to return to one of its pet themes - Government waste and incompetence. "The leopard has not changed its spots, and what happened yesterday is typical of this Government. Whether that relates to leaking tunnels, rails coming apart or money going astray, it is all small change in the Govern-
ment's eyes," said Enda Kenny the following morning.
Labour leader Pat Rabbitte said the Government appeared determined to begin the new session as it had finished the last one, bedevilled by issues of incompetence. He also queried the manner of the announcement: "There was nothing personal about the statement. It was of the most fundamental political and public importance. This error would not be made by a first-year accountancy student."
The legalities of the wrongly spent millions will be sorted out by the end of March by way of a ministerial order. The political problem is that it gives the Opposition parties a new stick with which to beat the Government. It was precisely what the Government had hoped to avoid on the first day back.
To compound the damage, the Government was forced to concede a full debate on the issue on Thursday.
The event everybody had expected would dominate the resumption of the Dáil was the announcement of the new junior minister to replace Ivor Callely, but it never happened. There had even been speculation that the Taoiseach might appoint two or three new junior ministers, but he has clearly still to make up his mind.
The names of a number of Dublin TDs had been bandied about as likely successors. Seán Haughey was the popular choice of deputies across the political divide, but there were some doubts as to whether the Taoiseach would take the political gamble of bringing the Haughey name back to prominence in Fianna Fáil with a little over a year to the next election.
A number of other Dublin Fianna Fáil TDs clearly have ministerial ability but, in every case, there is something in the scales against them. Pat Carey is popular and extremely able, but he shares his Dublin North West constituency with the Taois-
each's brother, Noel, already a junior Minister. Two in the same three-seat constituency would be unlikely.
Jim Glennon has made a big impression as a TD for Dublin North, but the Taoiseach is known to be reluctant to appoint first-term TDs to ministerial office. Seán Ardagh in Dublin South Central deserves promotion on the basis of ability, but the question is whether the Taoiseach would go south of the Liffey to replace a deposed northside minister of State.
The competing claims have generated speculation that the Taoiseach might create two new posts. Síle de Valera has announced she will not be contesting the next general election so there is little political benefit for the Government in her remaining as a Minister of State.
However, she has not offered to resign from her post, and the question is whether the Taoiseach is willing to push her out to make way for another promotion.