I move amendment No. 1:
In page 2, between lines 16 and 17, to insert:
"( ) The Bank shall carry into effect every amending scheme made under this Act."
On Committee Stage yesterday, we had a lengthy discussion on this Bill and I do not wish now to delay the House unduly. The purpose of this amendment is to ensure that, once the Central Bank are given authority to amend the superannuation scheme made under Section 33 of the Central Bank Act, 1942, they will also have authority to carry that amended scheme into effect. This matter might be regarded as technical. It is a technical question as to whether or not a motor car will go and, if it does not go, it is for the technicians to put it right. I want to ensure that this Bill will work once it leaves Dáil Éireann. I have no doubt in my mind at the moment, and my opinion is fortified by other opinions, that the Bill will not work if left in its present form.
A statutory body can do only the things it is entitled to do by law. Under the 1942 Central Bank Act, an obligation is placed upon the Bank to carry into effect the scheme made under Section 33. In the same way, we must place upon the Board in relation to this Bill the obligation to carry into effect every amending scheme made pursuant to the provisions of Section 2 of this Bill. In the Electricity Supply Board (Superannuation) Act, 1942, an obligation is imposed on the Board to prepare a superannuation scheme and it is provided in Section 5 that the scheme will be submitted to the Minister for Industry and Commerce and "such scheme shall, as from the date of the order of the Minister confirming it, have the force of law in the form in which it was so confirmed."
In subsection (5) of Section 6, there is specific provision relating to amending schemes:
When an amending superannuation scheme has been confirmed by the Minister under this Section, such scheme shall, as from the date of the order of the Minister confirming it, have the force of law in the form in which it was so confirmed, and the superannuation scheme to which such amending superannuation scheme relates shall have effect subject to the provisions of such amending superannuation scheme as so confirmed.
On that precedent, I hold that it is essential to put in a provision in this Bill whereby any scheme under Section 33 of the 1942 Act, if amended, shall be carried into effect by the Bank under this Bill when it becomes law. The Minister did not show any disposition last night to accept that view. In the interests of those whom it is intended to benefit—I use the words "intended to benefit" because I am certain that, as the Bill stands, they cannot benefit—I urge on the Minister his acceptance of this amendment.