Select Committee on Enterprise and Economic Strategy debate -
Wednesday, 11 May 1994

SECTION 1.

Mrs O'Rourke

I move amendment No. 1:

In page 8, line 22, to delete subsection (2).

As the committee knows, this Act shall come into operation on 1 June 1994. We are proposing this amendment because you said in your opening statement, Chairman, the Bill will not be enacted by that date and it is all the better for not so doing because we are not going to rush it. We are pre-empting the will of the Oireachtas if we put in 1 June and, therefore, the Bill requires amendment. This will allow time to discuss the other amendments and time for what I hope will be long and full debate on the issue because it covers so many matters.

Mr. R. Bruton

Is it rather unusual to delete the whole provision of having a date on which this Bill comes into force? Surely what we should do is leave the section intact, but at later stage in the course of the debate change that date. Otherwise we are leaving it to the Minister to decide to implement it whenever he or she feelts like it. The House would probably prefer that before it finally leaves the Oireachtas we know the implementation date.

Mrs O'Rourke

Does the Deputy wish to leave the provision but delete the date? I have no problem with that.

Mr. Rabbitte

I will not speak now if the Minister has agreed that. In regard to the history of the evolution of this Bill and the length of time it has been promised, it is important——

Mrs. O'Rourke

To have an element of compulsion in it.

Mr. Rabbitte

We should have some certainty about the Bill's implementation for people who are awaiting it with interest.

Miss Quill

I thought we would have a timeframe, but it has to be a realistic timeframe.

Mrs. O'Rourke

We are not going to put a date.

Miss Quill

It is absolutely unrealistic to expect that we would have considered this Bill in the kind of depth that it demands by the time set out originally. I agree with Deputy Bruton's proposal to leave in the provision but exclude the date.

Mr. R. Bruton

I wish to clarify the situation. Does the Minister intend before this Bill leaves the Oireachtas to put in a date?

Mrs. O'Rourke

As members were contributing, it came into my mind that we should at this point leave it blank and when we have all concluded — it has to go to the Seanad after this House — I will put in a date. What we have here is a trailer of what will be then the final date when it comes into effect.

Mr. R. Bruton

Are regulations also involved in this Bill?

Mrs. O'Rourke

Yes.

Mr. Flood

Does the Minister envisage those coming in on a phased basis?

Mrs. O'Rourke

No, the Bill is a proposal by way of legislation. The main power of the Bill is vested in the Director of Consumer Affairs, who in his implementation of the legislation will have various ways of dealing with it; but the Bill is a legislative proposal. As with any legislation, one would wish that the full provisions would come in immediately, but they take time to enact. The main powers are devolved on the Director of Consumer Affairs and then the Government and the Oireachtas must devolve on him the resources — that will be the main provision — in order to implement the legislation fully.

Chairman

Is the amendment agreed?

Mr. R. Bruton

The clarified amendment?

Chairman

We have formally moved it.

Mr. R. Bruton

I propose that the section remain, subject to a date being introduced by the Minister at a later stage of the debate.

Amendment agreed to.

Section 1, as amended, agreed to.