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SELECT COMMITTEE ON ENTERPRISE, TRADE AND INNOVATION debate -
Tuesday, 2 Nov 2010

Chemicals (Amendment) Bill 2010: Committee Stage

This meeting has been convened for the purpose of consideration by this committee of the Chemicals (Amendment) Bill 2010. I welcome the Minister of State at the Department of Enterprise, Trade and Innovation with special responsibility for labour affairs, Deputy Dara Calleary. I also welcome officials from his Department, including the following: Mr. Francis Rochfort, principal officer in the chemicals policy unit and workplace health and safety unit; Ms. Anne-Marie Finlay, assistant principal officer; Ms Cliona Ryan, administrative officer in the chemicals policy unit; Mr. Danny Kelly, assistant principal officer; and Mr. Frank Mooney, higher executive officer in the workplace health and safety policy unit. We thank them for their attendance.

This is a short Bill and I do not anticipate it will take long. If we have not completed our consideration of the Bill by 3.15 p.m., a further meeting will be arranged. Is that agreed? Agreed.

Sections 1 and 2 agreed to.
SECTION 3

I move amendment No. 1:

In page 5, lines 11 to 15, to delete all words from and including "(including" in line 11 down to and including "2007)" in line 15.

This is an old horse chestnut of mine and nobody would be surprised to hear me revisit it. It has been the Labour Party policy for some years that amendments to primary legislation should be introduced through Bills going before the Oireachtas except in cases of extreme urgency, which can be understood. The Government's policy has been the opposite, and it has sought to create even wider powers to make regulations to allow Acts to be amended by the stroke of a ministerial pen.

It is of concern that there is a proliferation of powers to amend law by regulation. Where possible, any amendments to primary law should come before the Oireachtas. I understand this may necessitate changes and Ministers sometimes must rush legislation, meaning such changes may not be facilitated. This legislation probably warrants a reasonable degree of expedition but I indicate that the policy sits uneasily with me. I am wary of allowing "stroke of the pen amendments", for want of a better term.

The Deputy should hurry up.

Deputy Penrose, without interruption.

Members will be unsurprised to hear that I have held that view so I am only being consistent. I understand the Minister's dilemma, particularly as it relates to this legislation. He has explained it well in a very detailed presentation to the Dáil on Second Stage.

Before considering the amendment I beg the Vice Chairman's patience in noting the sad passing of an official involved in the drafting of this legalisation, Mr. Con Body. He was in the House on Second Stage of the legislation, passed away suddenly last week and is being buried today. He was the first secretary of the Health and Safety Authority and has been one of the main officials from this Department, based at the HSA, involved in all the drafting of health and safety legislation over the past number of years. I pay tribute to his work and pass my sympathies and that of the Department to his family. I also acknowledge his great work to date.

I assure Deputy Penrose that under section 36 of the 2008 Act, all regulations made under the Act must be placed before the Houses of the Oireachtas. There is no element of secrecy involved and every regulation that could potentially be made is covered under the 2008 Act.

I accept that explanation and will not press the amendment. I join with the Minister of State in paying tribute to Mr. Con Body. In the technical areas of health and safety he was a bulwark. I convey on behalf of my own party our deepest sympathies to his wife and extended family, as well as his colleagues in the Department whom he worked with over many years.

Amendment, by leave, withdrawn.
Section 3 agreed to.
NEW SECTION

I move amendment No. 2:

In page 5, before section 4, to insert the following new section:

4.—Section 8 of the Principal Act is amended—

(a) by substituting the following paragraph for paragraph (c) of subsection

(2):

(c) Beaumont Hospital Board, for the purposes only of Article 9(3) of that Regulation;”,

and

(b) by inserting the following subsection after subsection (3):

"(3A) The following are competent authorities in the State for the purposes of the CLP Regulation:

(a) the Authority;

(b) the Minister for Agriculture, Fisheries and Food, in respect of pesticides;

(c) Beaumont Hospital Board, for the purposes only of Article 45 of that Regulation.”.”.

This is a technical amendment, naming the Beaumont Hospital board instead of the Minister for Health and Children as the competent authority under the detergents regulations and classification, labelling and packaging regulations.

This is meant to reflect the current working arrangements under which the national poisons information centre, which is based at Beaumont hospital, performs all the tasks set out in existing EU regulations.

On behalf of the Fine Gael Party, I extend my sympathies to Mr. Body's family. The amendment proposes to delete section 4 and insert a new subsection (3A) which will replace the Minister for Health and Children with the Beaumont Hospital board for the purposes only of Article 9(3).

This is being done because the poisons information centre is based in Beaumont Hospital.

Would it not be fair to argue that the hospital should report to the Minister? It appears the Minister, who should have ultimate responsibility, is being taken out of the loop.

This amendment gives legal powers to Beaumont Hospital to be the competent authority in this area. It is a practical measure given that the poisons information centre based at the hospital is responsible for the technical side of these matters.

In other words, the hospital will be designated as the competent authority.

It is another remove. The ordinary person would regard it as a hybrid of the HSE. It is an abdication of responsibility.

It is a practical approach to legislation.

The amendment makes the Minister for Agriculture, Fisheries and Food the competent authority on pesticides. Given that Backweston House is the State agriculture laboratory, I would have thought it appropriate to designate it as the relevant competent authority. I ask the Minister of State to clarify that issue.

The Minister for Agriculture, Fisheries and Food is specifically mentioned as a competent authority in respect of pesticides.

Is there a dual role for laboratories?

The poisons information centre has a role in terms of dealing with aspects of the legislation. The amendment recognises that role.

It does not refer to the State laboratory in Backweston House.

It is not specifically mentioned but the Minister for Agriculture, Fisheries and Food is mentioned as a competent authority in his own right.

Amendment agreed to.
Section 4 deleted.
Sections 5 to 11, inclusive, agreed to.
SECTION 12
Question proposed: "That section 12 stand part of the Bill."

The changes being proposed to the Safety, Health and Welfare at Work Act 2005 are mainly of a technical nature and we dealt with them on Second Stage. However, the explanatory memorandum describes the proposal to delete section 58(2), which provides that the Minister may give persons who desire to make representations on proposed regulations 21 days to do so as a clarification of the Minister's obligation to consult when making regulations. While the section as it stands does not require the Minister to consult, its deletion weakens his prerogative to do so. Why is the section being deleted if the Minister retains the discretion to consult when making regulations?

The use of the word "may" reflects the close working relationship between my Department and the HSE in regard to the preparation of legislation in this area. By retaining the section, the Minister's right to initiate legislation might be damaged by an interpretation of the section as forcing him to consult.

The Minister retains discretion but the amending section appears to weaken the original section 58.

Question put and agreed to.
SECTION 13

Amendment No. 3 in the name of Deputy Bruton is out of order.

Amendment No. 13 not moved.
Section 13 agreed to.
Title agreed to.
Bill reported with amendment.
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