Select Committee on Finance and General Affairs debate -
Thursday, 12 Sep 1996

SECTION 1.

Minister for Finance (Mr. Quinn)

I move Amendment No. 1:

In page 3, subsection (1), between lines 25 and 26 to insert the following:

"‘member of a family', in relation to an individual who is a bureau officer or a member of the staff of the Bureau, means the spouse, parent, grandparent, step-parent, child (including a step-child or an adopted child), grandchild, brother, sister, half-brother, half-sister, uncle, aunt, nephew or niece of the individual or of the individual's spouse, or any person who is cohabiting or residing with the individual;".

This amendment is self explanatory. It is an elaboration of the definition to include family members of a bureau staff member or officer. It includes a parent, step-parent, child, etc. It was considered necessary to include this broadening of the definition.

Mr. McCreevy

What is the reason for the final portion of the amendment, "or any person who is cohabiting or residing with the individual"?

Mr. Quinn

It is to reflect the reality of modern Irish society, where a person who would be in a close relationship with somebody else could be deemed to be vulnerable and associated emotionally with the bureau officer carrying out a job. It would be a threat to the person living with that bureau officer, tantamount to an attack on the integrity of that family.

Mr. McCreevy

I welcome the provision. It is the first time I have seen it in any legislation — I am open to correction on that.

Mr. Quinn

I suspect it is the first time it has appeared in primary legislation, subject to correction. The Deputy may recall, from a previous incarnation as Minister for Social Welfare, rules regarding cohabiting couples but they would be regulations as distinct from primary legislation. The Deputy is probably right although we can check this for Report Stage.

Mr. Cullen

The cohabiting provision is self-explanatory but does residing with an individual include someone who would be a more distant family member not defined in this section, someone like a student or lodger staying on the property for two or three years? Does this cover all eventualities?

Mr. Quinn

Yes. If this definition of family were applied to other purposes one would be open to much criticism. There would be, potentially, no end to it. The purposes of this is to extend the protection accorded to the bureau officer to anyone living in the same household for a period, such as a relative attending third level education. It is designed to encompass any reasonable, foreseeable set of circumstances.

Mr. McCormack

Is there a danger in naming the relationships in the section? From what the Minister said it is intended to cover every realistic situation but does naming certain relationships not exclude everyone who is not named?

Mr. Quinn

No, because the last clause states "or any person who is cohabiting or residing. . . ". That is as comprehensive and catch-all a final clause as one could have for the purposes of this legislation.

Amendment agreed to.

Section 1, as amended, agreed to.