Amendments Nos. 1 to 3, inclusive, are related and may be taken together.
Houses of the Oireachtas Commission (Amendment) Bill 2006: Committee and Remaining Stages.
Sections 1 and 2 agreed to.
SECTION 3.
Acting Chairman
I move amendment No. 1:
In page 4, line 5, after "Oireachtas," to insert "and".
The amendments simply cite the standalone values and duties of the commission in the appropriate section with the other duties of the commission in the principal Act.
I support these amendments tabled jointly by the members of the commission. The Minister for Community, Rural and Gaeltacht Affairs was very critical of a minute that I put on the record of the House. I can understand where he is coming from, but I would not like to see officials questioned and queried as regards a minute.
There is one small part of a letter that further enhances and endorses what I said earlier, which I wish to add to the discussion about the amendment. It is a letter from the Minister for Community, Rural and Gaeltacht Affairs, Deputy Ó Cuív, dated 6 November 2006. I have already quoted part of it, but I will re-read that part and the crucial next part.
At the outset can I make it clear on the Government's behalf that provision of additional resources if required is not an issue. I can assure you on behalf of the Government that the necessary funding for translation work (including staff and other costs) will be provided during the next funding period.
The next part is very relevant to the minute the Minister queried:
The precise details of the funding will, of course, need to be worked out between your officials and the Department of Finance, as will the precise way in which the agreement should be provided for in the forthcoming legislation to replace the funding provisions of the 2003 Commission Act.
It is important to have read that in the context of the other minute, to the effect that the officials were to be informed and were to work out what precisely was to happen. What happened was that the Bill was published.
Glacaim leis an leasú seo. Tá sé soiléir go bfhuil sé de dhualgas ag an gCoimisiún na haistriúcháin a dhéanamh. Níl aon amhras fén leasú mar sin.
I note that the intention of these amendments is to ensure that the translation function is clearly stated, but not as a primary function of the Commission. I am glad to say that I can accept the amendment.
Amendment agreed to.
I move amendment No. 2:
In page 4, lines 7 to 10, to delete all words from and including ", and" in line 7 down to and including "Oireachtas" in line 10.
The amendment has already been discussed.
Amendment agreed to.
I move amendment No. 3:
In page 4, between lines 10 and 11, to insert the following subsection:
"(2) Section 4 of the Principal Act is amended by inserting the following subsection after subsection (2):
"(2A) It shall also be a function of the Commission to provide translation services from one official language into the other in respect of Acts of the Oireachtas.".".
Amendment agreed to.
I move amendment No. 4:
In page 4, between lines 10 and 11, to insert the following subsection:
"(3) Section 4 of the Principal Act is amended by inserting the following subsection after subsection (4):
"(4A) The Commission may prepare and publish guidelines for members of Dáil Éireann and Seanad Éireann in relation to the use of services and facilities provided out of public funds and—
(a) may provide such services and facilities following a dissolution of Dáil Éireann, and
(b) shall specify an appropriate charge for such use made other than in respect of duties as public representatives.”.”.
The amendment stands in the name of the Minister for Finance and Deputies Howlin, Paul McGrath, Nolan and O'Donnell. It was one of the issues raised with the Minister for Finance by the members of the commission and it has been proposed to facilitate the Oireachtas commission. It will enable the commission to prepare and publish guidelines for Members as regards the use of services and facilities provided out of public funds. The amendment is an enabling one. It will be for the commission to draw up and publish the guidelines, which will be done having regard to the obligations which exist under the Constitution.
Amendment agreed to.
Section 3, as amended, agreed to.
Section 4 agreed to.
NEW SECTION.
I move amendment No. 5:
In page 4, before section 5, to insert the following new section:
5.—Section 8 of the Principal Act is amended in subsection (3)—
(a) in paragraph (a) by substituting “3” for “4”, and
(b) by inserting the following paragraph after paragraph (b):
"(c) the seventh ordinary member of the Commission shall represent members who are not part of a group and this position will alternate between the Dáil and Seanad every 2 years and 6 months.”.”.
I discussed this already on Second Stage and believe the arguments have been well made and are properly understood. They are concerns that might need to be addressed in future legislation.
I will not accept this amendment for the reasons I outlined in the discussion earlier. I went over the issues in some detail in my Second Stage reply. It is important that the commission is compact enough to be an effective decision making body. However, I accept it is important in that context that there is proper liaison between all the Members of both Houses and the commission.
Amendment put and declared lost.
Sections 5 to 13, inclusive, agreed to.
Title agreed to.
Bill reported with amendment, received for final consideration and passed.