SELECT COMMITTEE ON ENTERPRISE, TRADE AND EMPLOYMENT debate -
Thursday, 2 Apr 2009

Industrial Development Bill 2008: Committee Stage.

Vice Chairman (Deputy Cyprian Brady))

This meeting has been convened for the purpose of considering the Industrial Development Bill 2008.

I welcome the Minister of State at the Department of Enterprise, Trade and Employment, Deputy John McGuinness, and his officials. Apologies for absence have been received from Deputies Calleary, White and English.

It is proposed that we note items of correspondence 2.1 and 2.3 on the agenda. Is that agreed? Agreed.

It is suggested that we should consider the Bill before us possibly until 3 p.m., but we may not need that much time. If we have not concluded our work by then, a further meeting shall be arranged. Do all members have a copy of the amendment list and groupings?

Deputy Willie Penrose

Where are the groupings?

Vice Chairman

They should be with the Deputy's paperwork.

Deputy Willie Penrose

Yes, they are on the back. My apologies.

Section 1 agreed to.

SECTION 2.

Vice Chairman

Amendments Nos. 1 to 6, inclusive, and 15 to 27, inclusive, are cognate and will be discussed together. Is that agreed? Agreed.

Minister of State at the Department of Enterprise, Trade and Employment (Deputy John McGuinness)

I move amendment No. 1:

In page 3, subsection (1), lines 26 and 27, to delete "commencement" and substitute "passing".

The Government amendments proposed under sections 2, 5 and 6 provide for the commencement of all sections of the Bill and the passing of the Bill. The previous draft of the Bill provided for ministerial orders to commence the various sections of the Act, but it has now been concluded that the ministerial order mechanism is not necessary. Accordingly, the Parliamentary Counsel has drafted the proposed amendments.

Deputy Willie Penrose

The amendments are logical because there is a time constraint by which this Bill must be passed. If we had to wait for a ministerial order it would only delay the process further. When the Bill is passed it commences. There is a lot of sense to these amendments and I certainly see no problem with that.

Amendment agreed to.

Deputy John McGuinness

I move amendment No. 2:

In page 3, subsection (1), lines 27 and 28, to delete "commencement" and substitute "passing".

Amendment agreed to.

Deputy John McGuinness

I move amendment No. 3:

In page 3, subsection (2), lines 29 and 30, to delete "commencement" and substitute "passing".

Amendment agreed to.

Deputy John McGuinness

I move amendment No. 4:

In page 4, subsection (4), line 4, to delete "commencement" and substitute "passing".

Amendment agreed to.

Deputy John McGuinness

I move amendment No. 5:

In page 4, subsection (4), line 6, to delete "commencement" and substitute "passing".

Amendment agreed to.

Deputy John McGuinness

I move amendment No. 6:

In page 4, subsection (5), line 8, to delete ", on and after the commencement of this Act".

Amendment agreed to.

Section 2, as amended, agreed to.

SECTION 3.

Chairman

Amendments Nos. 7 to 11, inclusive, and Nos. 13 and 14 are cognate and will be discussed together. Is that agreed? Agreed.

Deputy Willie Penrose

I move amendment No. 7:

In page 4, paragraph (a), line 13, to delete “inserted” and substitute “as substituted”.

Amendments Nos. 7 to 11, inclusive, are drafting amendments of a technical nature. The word used in the Bill is "inserted", whereas the amendments suggest the term "as substituted" be employed. Therefore, they would correct the inaccuracy in the Bill. The manual relating to the drafting of legislation used by the Parliamentary Counsel indicates that the term "as substituted" should be used. In addition, the amending sections in the 2003 Act refer to "substituting" rather than "inserting".

Amendments Nos. 13 and 14 are also drafting amendments which are necessary for two reasons, namely, to ensure consistency with paragraphs (a) to (e) in which the word “substituting” is used. As stated, the drafting manual also prefers this form. I presume the Minister of State will indicate that some of the amendments are unnecessary. However, he may perhaps be in a position to accept one or two of them.

Deputy John McGuinness

While I thank the Deputy and his colleagues for tabling the amendments, the Parliamentary Counsel has advised that they cannot be accepted because use of the words "as substituted" does not accord with the drafting practice of the Office of the Parliamentary Counsel.

Deputy Willie Penrose

I beg to differ with the Parliamentary Counsel because, at page 73, the drafting manual refers to this particular process and distinguishes between inserting and substituting provisions. I accept that this is only a nuance. However, I tabled the amendments in order to ensure clarity and also consistency with the manual used by the Parliamentary Counsel. If the Minister of State is satisfied with the Parliamentary Counsel's advice and he is of the view that the amendments are not necessary, I will not pursue the matter.

Deputy John McGuinness

It is nice to see the rule being challenged. However, that is the advice we received from the Parliamentary Counsel.

Deputy Willie Penrose

I am not in a position to challenge that advice.

Amendment, by leave, withdrawn.

Amendments Nos. 8 to 11, inclusive, not moved.

Deputy John McGuinness

I move amendment No. 12:

In page 4, paragraph (f), line 28, to delete “the substitution of” and substitute “substituting”.

This is a drafting amendment to delete the term "the substitution of" and to include the word "substituting". What is involved does not constitute a substantive or material change.

Deputy Leo Varadkar

The Minister of State's explanation sounds like something from "Yes Minister".

Amendment agreed to.

Section 3, as amended, agreed to.

Amendments Nos. 13 and 14 not moved.

Section 4 agreed to.

SECTION 5.

Deputy John McGuinness

I move amendment No. 15:

In page 4, subsection (1), lines 42 and 43, to delete "commencement of this section" and substitute "passing of this Act".

Amendment agreed to.

Deputy John McGuinness

I move amendment No. 16:

In page 4, subsection (1), line 43, to delete "commencement" and substitute "passing".

Amendment agreed to.

Deputy John McGuinness

I move amendment No. 17:

In page 5, subsection (2), line 3, to delete "commencement of this section" and substitute "passing of this Act".

Amendment agreed to.

Deputy John McGuinness

I move amendment No. 18:

In page 5, subsection (2), line 4, to delete "commencement" and substitute "passing".

Amendment agreed to.

Deputy John McGuinness

I move amendment No. 19:

In page 5, subsection (3), lines 7 and 8, to delete "commencement of this section" and substitute "passing of this Act".

Amendment agreed to.

Deputy John McGuinness

I move amendment No. 20:

In page 5, subsection (4), lines 11 and 12, to delete "commencement of this section" and substitute "passing of this Act".

Amendment agreed to.

Deputy John McGuinness

I move amendment No. 21:

In page 5, subsection (4), line 13, to delete "commencement" and substitute "passing".

Amendment agreed to.

Deputy John McGuinness

I move amendment No. 22:

In page 5, subsection (5), lines 16 and 17, to delete "commencement of this section" and substitute "passing of this Act".

Amendment agreed to.

Deputy John McGuinness

I move amendment No. 23:

In page 5, subsection (5), line 20, to delete "commencement" and substitute "passing".

Amendment agreed to.

Deputy John McGuinness

I move amendment No. 24:

In page 5, subsection (6), lines 24 and 25, to delete "commencement" and substitute "passing".

Amendment agreed to.

Deputy John McGuinness

I move amendment No. 25:

In page 5, subsection (7), line 27, to delete "commencement of this section" and substitute "passing of this Act".

Amendment agreed to.

Deputy John McGuinness

I move amendment No. 26:

In page 5, subsection (8), lines 35 and 36, to delete "commencement of this section" and substitute "passing of this Act".

Amendment agreed to.

Section 5, as amended, agreed to.

SECTION 6.

Deputy John McGuinness

I move amendment No. 27:

In page 6, lines 11 to 14, to delete subsection (3).

Amendment agreed to.

Section 6, as amended, agreed to.

Schedule agreed to.

Title agreed to.

Chairman

I thank the Minister of State and his officials for attending. I also thank members, particularly Deputy Penrose, who tabled amendments, for their efficiency.

Deputy John McGuinness

I thank the Chairman and members for their worthwhile contributions to the debate on the Bill. We have dealt with many of the issues that arose on Second Stage. I thank the Chairman and members for their efficiency in dealing with Committee Stage.

Deputy Willie Penrose

This is an important Bill which deals with a number of issues relating to the BMW region where I live. It is a technical measure designed to amend numerous legislative provisions. Members recognise the urgency attaching to its passage, particularly in the context of the provisions relating to enterprise development agencies, etc. I am delighted that the Bill will soon be entered on the Statute Book.

It is good that the Minister of State is in a position to increase aggregate limits. Such an increase is important in the context of people being able to compete and do the jobs that need to be done. I look forward to his bringing forward measures in respect of county enterprise boards. I hope his official will realise that he will not be engaging in a frolic in that regard. We want him to bring forward amending legislation to allow the county enterprise boards to continue to carry out the good work they do.

Bill reported with amendments.