Dáil Éireann debate -
Wednesday, 1 Jun 2005

Vol. 603 No. 4

Grangegorman Development Agency Bill 2004: Report Stage (Resumed) and Final Stage.

Debate resumed on amendment No. 73:

In page 17, line 37, after "site," to insert "Dublin Inner City Partnership,".

— (Deputy Gregory).

Minister for Education and Science (Ms Hanafin)

In response to the comments made earlier, these amendments are unnecessary because section 21(2) already provides that the definition of "stakeholder" may include any person that either the Minister or the agency considers relevant. This covers adequately the Deputy's proposed amendment. Amendment No. 77 is not appropriate.

The residents of the Grangegorman neighbourhood will nominate their representative to the consultative group. The appointment will be made by the agency responsible for constituting the consultative group. They will nominate and the agency will appoint.

Amendment put and declared lost.

Bill recommitted in respect of amendment No. 74.

Ms Hanafin

I move amendment No. 74:

In page 17, lines 39 to 40, to delete all words from and including "Northern" in line 39 down to and including "Authority" in line 40 and substitute "Health Service Executive".

Amendment agreed to.

Bill reported with amendment.

Amendment No. 75 not moved.

Ms O’Sullivan

I move amendment No. 76:

In page 17, line 42, after "Minister" to insert the following:

", Dublin Inner City Partnership, North West Inner City Network".

Amendment put and declared lost.

Amendment No. 77 not moved.

Ms O’Sullivan

I move amendment No. 78:

In page 18, to delete lines 1 to 5.

Question, "That the words proposed to be deleted stand", put and declared carried.

Amendment declared lost.

Amendments Nos. 79 to 83, inclusive, not moved.

Ms O’Sullivan

I move amendment No. 84:

In page 23, between lines 16 and 17, to insert the following:

"(3) A register of disclosure under this section shall be made available for public inspection on similar terms to the register under section 27(7).”.

The amendment is intended to ensure the register of interests will be made available for public inspection under this section on similar terms to the register under section 27. This is also intended for consistency.

Ms Hanafin

The Parliamentary Counsel advises that the section, as drafted, is standard and that it would be inappropriate to include the amendment. Provision is made in section 27 for a register of interests to be maintained by the agency and a further register could be unwieldy. I, therefore, do not propose to accept the amendment.

Ms O’Sullivan

Public access to the register is provided under section 27(7) but public access to a disclosure of a conflict of interest is not provided under section 28. I am concerned that conflicts of interest will not be subject to disclosure. Will the Minister comment on this?

Ms Hanafin

The advice is they are probably covered by section 27 because the register of interests must be public and, therefore, a conflict of interest would be obvious.

Amendment, by leave, withdrawn.

Ms O’Sullivan

I move amendment No. 85:

In page 24, between lines 25 and 26, to insert the following:

"(3) Reference to this section is inserted in Part I of the Third Schedule to the Freedom of Information Act 1997 and that Act shall apply to the Agency.".

The amendment seeks to ensure the Freedom of Information Act 1997 will apply to the agency.

Ms Hanafin

I agree with the Deputy's intention but the appropriate mechanism is for the Minister for Finance to make an order under freedom of information legislation, which would extend the regime to the agency. I will arrange this with the Minister at the appropriate time.

Amendment, by leave, withdrawn.

Amendment No. 86 not moved.

Mr. English

I move amendment No. 87:

In page 27, line 20, after "require" to insert the following:

"in particular, such information as the Minister may require in order to furnish a full response to parliamentary questions".

This issue was addressed on Committee Stage and the Minister stated there is nothing to prevent the agency from providing information to the Minister. However, I seek the inclusion of a reference to replies to parliamentary questions. It is difficult to obtain information from Ministers and Members are often told to contact State bodies. I fail to see why the amendment cannot be accepted. If the Minister's intention is to reply to all parliamentary questions, as she stated on Committee Stage, there is no reason to refuse to take it on board. It might come in handy if she is ever on this side of the House.

Ms Hanafin

I hope not to be.

Mr. English

It would do the Minister no harm in the long run.

Ms Hanafin

The Bill provides for information to be made available. When parliamentary questions regarding other agencies under the Department's aegis are tabled, I ask my officials to obtain the necessary information for the replies. Section 35(4) permits this. It is our intention to reply to parliamentary questions on the basis that they relate to an agency. It is not necessary to specify this as it is covered by other sections dealing with the availability of information.

Mr. English

The issue is ensuring the information is delivered to Members and, therefore, I press the amendment.

Amendment put and declared lost.

Bill recommitted in respect of amendment No. 88.

Ms Hanafin

I move amendment No. 88:

In page 28, line 16, after "group" to insert "or a Project Working Team".

Amendment agreed to.

Bill reported with amendment.

Ms Hanafin

I move amendment No. 89:

In page 30, line 4, after "Survey" to insert "Ireland".

The amendment corrects a typographical order. The reference to "Ordnance Survey" should properly read "Ordnance Survey Ireland".

Amendment agreed to.

Ms Hanafin

I move amendment No. 90:

In page 30, between lines 8 and 9, to insert the following:

SECOND SCHEDULE

GRANGEGORMAN NEIGHBOURHOOD

The Grangegorman neighbourhood shall comprise the electoral divisions (wards) of Arran Quay A, Arran Quay B, Arran Quay C, Arran Quay D, Arran Quay E, Inns Quay B, Inns Quay C and Cabra East C (as at 18 May 2005) which are delineated with a continuous blue verge line on the Dublin City Council map marked 'Grangegorman Neighbourhood' and bearing the seal of the Minister for Education and Science and the date 25 May 2005 which map is deposited in the Department of Education and Science, Marlborough Street, Dublin 1.".

Amendment agreed to.

Bill recommitted in respect of amendment No. 91.

Ms Hanafin

I move amendment No. 91:

In page 30, to delete line 19.

The Dublin Institute of Technology has advised that the premises at 40-41 Sean McDermott Street have been sold and are no longer owned by it.

Amendment agreed to.

Bill reported with amendment.

Ms Hanafin

I move amendment No. 92:

In page 30, after line 32, to insert the following:

FOURTH SCHEDULE

ELECTION OF RESIDENTS' NOMINEE TO THE AGENCY AND RESIDENTS' MEMBERS OF THE CONSULTATIVE GROUP

1. The chairperson of the Agency shall have responsibility for making the arrangements for the first election of the residents' nominee to the Agency and 2 residents' members of the Consultative Group in accordance with the provision of this Schedule.

2. (1) Within one month of his or her appointment, the chairperson of the Agency shall invite community groups and associations, including resident and tenants associations, parish and district associations and groups, sports clubs, and similar non-commercial groups in the Grangegorman neighbourhood, to register as an interested 'registered group'.

(2) The register shall remain open for not less than 21 days ('the registration period').

(3) The chairperson of the Agency shall, within 14 days of the expiry of the registration period, publish a list of the registered groups on a website and make such other arrangements as he or she deems appropriate for the publication to the Grangegorman neighbourhood of the list of the registered groups.

3. (1) The chairperson of the Agency shall arrange a meeting of registered groups ('election meeting') to take place as soon as practicable after the expiry of the registration period. The purpose of the election meeting shall be the election of the residents' nominee to the Agency and the 2 residents' members of the Consultative Group.

(2) Not earlier than 14 days after the expiry of the registration period and not later than 21 days prior to the election meeting, the chairperson of the Agency shall call for nominations for appointment to the Agency and to the Consultative Group.

(3) The chairperson of the Agency shall notify each registered group of the valid nominees not less than 14 days before the election meeting. The chairperson's decision on the validity of a nomination shall be final.

(4) Each nominee must be nominated by at least 2 registered groups. The nomination must specify the name and address of the person nominated, the position for which he or she is nominated and the registered groups who are proposing the individual for nomination.

(5) Only persons resident in the Grangegorman neighbourhood and registered in the Register of Electors for an electoral ward within that area may stand for election or vote in the election.

(6) Each registered group may be represented by not more than 2 persons at the election meeting. Each of these persons shall be entitled to one vote at the meeting.

4. (1) Voting at the election shall be by secret ballot and by means of a single non-transferable vote.

(2) The chairperson of the Agency shall provide a ballot paper listing, in alphabetical order, all valid nominations in respect of the election of the residents' nominee to the Agency and the residents' members of the Consultative Group. The nominee shall be identified on the ballot paper by name and the organisation he or she represents.

(3) The ballot paper shall be distributed at the election meeting to all persons entitled to vote. The chairperson of the Agency will call for the ballot and arrange collection of ballot papers and the counting of ballots.

(4) The individual who receives the highest number of votes shall be deemed to be elected to the position for which they were nominated. An individual may not simultaneously represent the residents on the Agency and be a member of the Consultative Group and, in the event that an individual receives sufficient votes in respect of both positions, he or she must elect one position and will be deemed to have forfeited the other position and the individual with the next highest number of votes in that election shall be deemed elected.

(5) The result of the ballot shall be announced as soon as possible after the counting of the ballots.

5. The chairperson shall inform the Minister of the residents' representative to the Agency and shall inform the Agency of the residents' members of the Consultative Group within 3 days of the election meeting.

6. (1) In all subsequent elections the Chief Executive will be responsible for carrying out the functions of the chairperson of the Agency hereunder.

(2) The second or subsequent elections must take place not more than 14 days prior to the expiry of the term of office of the outgoing member or as soon as practicable thereafter.

(3) In the event of a casual vacancy arising in relation to the residents' nominee to the Agency or residents' member of the Consultative Group, the chairperson of the Agency shall, within one month of the vacancy arising, seek nominations for appointment to the vacancy from the existing list of registered groups and shall arrange an election meeting as soon as practicable thereafter.".

Amendment put and declared carried.

Bill, as amended, received for final consideration and passed.

Notice taken that 20 Members were not present; House counted and 20 Members being present,