Amendments Nos. 1 and 2 are related and are being taken together.
Nurses Bill, 1984: From the Seanad.
The Dáil went into Committee to consider amendments from the Seanad.
I move that the Committee agree with the Seanad in amendment No. 1.
Section 20: In page 12, lines 41 to 50 deleted, and in page 13, lines 1 to 8 deleted, and the following substituted:
"20.—(1) Where a person who is either an officer or a servant of the Board is—
(a) nominated as a member of Seanad Éireann, or
(b) elected as a member of either House of the Oireachtas or of the Assembly of the European Communities, or
(c) regarded pursuant to section 15 (inserted by the European Assembly Elections Act, 1984) of the European Assembly Elections Act, 1977, as having been elected to such Assembly to fill a vacancy.
he shall thereupon stand seconded from employment by the Board and shall not be paid by, or be entitled to receive from, the Board any remuneration or allowances in respect of the period commencing on such nomination or election or when he is so regarded as having been elected, as the case may be, and ending when he ceases to be a member of either such House or such Assembly.".
The purpose of these amendments is to protect the employment of staff of Bord Altranais who may be nominated for Seanad Éireann, or elected to either House of the Oireachtas or to the Assembly of the European Communities, or regarded pursuant to the European Assembly elections legislation as having been elected to the Assembly, until the commencement of such nomination or election.
Under the present provision of section 20(1), which is the standard provision for statutory bodies, a person would stand seconded from employment by the board from the date of his or her nomination as a member of the Seanad or appointment to the European Assembly, or nomination as a candidate for election to either House or to the Assembly. Objections were raised in Seanad Éireann to the provision regarding nomination as a candidate for election to the Seanad on the grounds that, under the current Seanad electoral legislation, a person can be so nominated without his or her consent and cannot then withdraw his or her candidacy. It is contended that valuable persons may be lost to statutory bodies because of nomination for election and they may not, in fact, succeed in being elected.
I agreed with the Senators that this is an undesirable situation and, accordingly, I decided to amend section 20(1). I felt, however, that any amendment should also provide protection for persons who are nominated for election to Dáil Éireann and to the European Assembly and my amendment provides accordingly.
That is the purpose of the amendment and I want to thank my colleague, Deputy O'Hanlon, for agreeing to take the amendment this morning to enable the Bill to be enacted by both Houses of the Oireachtas.
We support the amendment. The Minister has given the reasons for this amendment and I agree with what he says. It is in the interest of the staff of An Bord Altranais that this amendment should be passed.
Amendment agreed to.
I move that the Committee agree with the Seanad in amendment No. 2:
In page 13, lines 16 and 17, "mentioned in paragraph (a) or paragraph (b) of that subsection" deleted, and "therein mentioned" substituted.
Amendment agreed to.
Amendments reported and agreed to
Message to be sent to Seanad Éireann accordingly.