Amendments Nos. 1 and 2 are related and may be discussed together. Is that agreed? Agreed.
Chemicals Bill 2008: Committee and Remaining Stages.
Sections 1 to 11, inclusive agreed to.
SECTION 12.
I move amendment No. 1:
In page 19, between lines 41 and 42, to insert the following subsection:
"(11) Documents subject to legal professional privilege shall not be liable to production under this section.".
Could this be included?
We looked at this because this amendment was moved on Committee and Report Stages in the Dáil. The advice we received is that it is unnecessary to include it and that if we did so, we could set precedents because it would have to be included in other legislation in which it is not currently included.
There is a strong corpus of legislation to protect privilege which is primarily a matter for the courts. Including this amendment could undermine that legal situation. I know some Deputies did a lot of housework and found Bills where it is included. However, the current advice is that this would be unnecessary and could set a precedent and undermine legislation where it is included. As far as I know, it is already in section 21. I had it marked out for the Senator. This section states:
This section shall not apply to—
(a) a document containing information that is privileged from disclosure in proceedings for an offence,
(b) a document prepared by a person who would not be compellable to give evidence at the instance of the party seeking to have the document admitted as evidence of the matters specified in the document,
(c) a document (other than a technical document) prepared for the purposes, or in contemplation, of—
(i) the investigation of any offence,
(ii) an investigation or inquiry carried out pursuant to or under any enactment,
(iii) any proceedings whether civil or criminal, or
(iv) proceedings of a disciplinary nature,
or
(d) a document (other than a technical document) prepared after the alleged commission of the offence concerned.
There is provision for this in section 21(3). We examined this but our legal advice from the Parliamentary Counsel is that inclusion in this Bill would undermine other legislation without this provision on the Statute Book. Even with the kind words expressed to me by Senator Prendergast, I cannot accept the amendment.
We sought to ensure the search power was constitutional. The wording is used in recent Acts such as section 17 of the Irish Medicines Board (Miscellaneous Provisions) Act 2006, in section 96 and 1(31) of the Garda Síochána Act 2005, and section 16 of the Central Bank and Financial Services Authority of Ireland Act 2004. It would not undermine other legislation but I accept the answer of the Minister of State. We will not fall out because I know he will sort out everything for me.
Amendment, by leave, withdrawn.
Section 12 agreed to.
Sections 13 to 26, inclusive, agreed to.
Amendment No. 2 not moved.
Sections 27 to 37, inclusive, agreed to.
Title agreed to.
Bill reported without amendment and received for final consideration.
Question proposed: "That the Bill do now pass."
I thank the Minister of State and his officials for the passage of this Bill. It was straightforward and it is progressive legislation. I hope it achieves the objectives set out in the debate.
I thank the Minister of State for listening to the points made and giving his interpretation on these. It is progressive legislation and I am honoured to have been part of the process of passing it.
I compliment the Minister of State and his officials on the efficient way he presented the Bill. It is a very important Bill and I welcome it.
I welcome the contributions of Members in both Houses. It is important legislation and the regulations are already in place. I wish to state my admiration for and thanks to the MEPs of all sides, who were involved in the initial drafting of the REACH regulation, and our officials. I also thank the officials in the Department of Enterprise, Trade and Employment who sat up long hours analysing Opposition amendments and trying to ensure they were included in a consensual way so that the Bill would have broad support. While we did not have long sittings because of the conciliatory approach, I thank the staff of both Houses.
It is up to industry to embrace this legislation and REACH. At every opportunity I have highlighted the obligation on industry. I plead with those involved to pre-register so that they will have no difficulty thereafter. The Health and Safety Authority is running a campaign and has set up a website, www.reachright.ie. The helpdesk number is also important: 1890 289 389. If businesses or individuals are concerned, they should contact it. I urge people not to be afraid of this regulation and to embrace it because it is for the benefit of all citizens of the EU.
Question put and agreed to.
When is it proposed to sit again?
At 2.30 p.m. on Tuesday, 8 July 2008.