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Select Committee on Enterprise and Economic Strategy debate -
Wednesday, 12 Apr 1995

SECTION 17.

Amendments Nos. 20, 21, 22 and 25 form a composite proposal and may be discussed together. Is that agreed? Agreed.

I move amendment No. 20:

In page 22, paragraph (a), line 43, to delete "overseas".

These are consequential on my amendment No. 19, which the Minister decided not to accept. Having had a number of votes this evening I did not seek a vote on that amendment. Amendments Nos. 20 21, 22 and 25 no longer apply. I had done some of the Minister's work for him. Assuming he might accept my amendment, I had gone on to propose consequential changes to the legislation. I am afraid if it is an old ministerial habit I developed over the years.

Amendment, by leave, withdrawn.
Amendments Nos. 21 and 22 not moved.

I move amendment No. 23:

In page 23, paragraph (a), line 12, to delete ", who," and substitute "who".

This is just a textual amendment. There was a comma in the text beside "who" in page 23, line 12 and the amendment removes it. I thank those who brought it to our attention.

Amendment agreed to.

I move amendment No. 24:

In page 23, paragraph (a), lines 14 and 15, to delete "(excluding a person who acts as agent other than for reward)".

This amendment will exclude the possibility of persons or bodies being exempted from the requirements of the 1982 Act because they are non-profit organisations.

Amendment agreed to.
Amendment No. 25 not moved.

I move amendment No. 26:

In page 23, paragraph (a), line 17, after "Northern Ireland" to insert "or".

This is a textual amendment.

Amendment agreed to.
Section 27, as amended, agreed to.
Section 28 and 29 agreed to.
NEW SECTION.

Amendments Nos. 27 and 28 are related and will be discussed together by agreement.

I move amendment No. 27:

In page 24, before section 30, to insert the following new section:

"30.- Section 13 (1) of the Act of 1982 is hereby amended by the substitution for subsection (1) of the following:

‘(1) A tour operator or a travel agent shall, before a licence is granted to him under this Act, furnish evidence acceptable to the Minister that the tour operator or travel agent, as the case may be, has entered into an arrangement satisfactory to the Minister for the protection of persons who, during the period of validity of the licence enter into contracts with him relating to travel.'.".

This was consequential on the Minister's decision — which I regret — not to make the bonding requirement something that could be done through changing the 1982 Act. I heard his technical opposition to it. Since he made the decision not to go about it in that manner, and I cannot convince him otherwise this new section is no longer required and I have to withdraw it. It was intended to deal with where the 1982 Act would be amended.

Amendment, by leave, withdrawn.
Amendment No. 28 not moved.
Section 30 agreed to.
Sections 31 to 34, inclusive, agreed to.

Chairman, I mentioned to you privately that I hoped to move another amendment, the wording of which I had not given you. I do not propose to delay the meeting with it. It is not the normal way to table amendments but, if the House is agreeable, could you consider it tabled. The Minister might like to consider it at a later stage.

I have no objection.

It is certainly not normal and it is very short notice. However, if the Minister has agreed to it, I will allow it.

NEW SECTION.

I move amendment No. 29:

In page 25, after line 6, to insert the following new section 35:

"the Act of 1982 is hereby amended by the insertion of the following new section 20 (1):

It shall be an offence for any person to advertise the sale of or to advertise to offer to sell to the public, accommodation for travel by air, sea or land, transport to any place unless the number of the licence granted pursuant to the provisions of this Act is quoted in the advertisement".

The amendment seeks to make it mandatory for a travel agent who takes an advertisement in a paper, to include his licence number so that everyone can see they are dealing with a licensed travel agent. I do not feel strongly about the amendment but I wanted to table it for the record.

I support the amendment. It is the practice in a number of other EU member countries. I hope the Minister will accept it.

I have no difficulty with the proposal. We intended to do this by regulation or administrative arrangement. If the Deputy wishes, we have no difficulty putting it directly into the Bill as stated. I accept the amendment.

I thank the Minister. However, he might like to examine the wording from a legal point of view because I drafted it rather quickly.

I have no difficulty with the principle enunciated. We will take the amendment on board and deal with it on Report Stage.

Amendment, by leave, withdrawn.
Schedule agreed to.
Title agreed to.
Report of Select Committee.

I propose the following draft report:

The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.

Is that agreed?

Report agreed to.

Ordered to report to the Dáil accordingly.

I thank the Minister, his officials, the spokespersons and Members who participated in the debate and the staff of the Houses for the efficient way they help me in the Chair.

The Select Committee adjourned at 5.57 p.m.

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