I move recommendation No. 1:
In page 4, line 19 after "functions", to add the following:
"Any grants paid by the Minister to An tÚdarás under the terms of this section may be reclaimed by the Minister if circumstances arise which warrant such action."
I am sure the Minister will put my mind at ease on this matter but I decided to table this recommendation because a quick scan of the original 1979 Act brought to my attention that the Minister did not seem to have the power to require An tÚdarás to repay grants made by the Minister. The recommendation probably does not read very well but may convey my intention.
The world in which we live is becoming quite complicated. White collar crime is rampant. I do not suggest that the personnel of An tÚdarás would involve themselves in criminal activities but the Minister might, sometime, need to take immediate action. It should be possible for him to do so under the legislation rather than have to go through the courts which might take longer. It is difficult for me to come up with an example of circumstances which would force the Minister to take action of this kind but such circumstances could arise.
This example probably stretches the imagination but if a bogus set of estimates was submitted by An tÚdarás and the Minister then discovered that a body or bodies was helping itself to State cash, he could take immediate action by requiring An tÚdarás to return moneys to him. This provision, if adopted, might also serve as a deterrent from dishonest behaviour.
If the Minister can assure me that power to recall moneys is already contained in legislation governing An tÚdarás I will be happy to withdraw this recommendation.