I want to extend a very warm welcome to the Minister for Arts, Heritage, Gaeltacht and the Islands, Deputy de Valera, this being the first occasion for her to appear before the select committee. Tá fáilte romhat, a Aire, agus tá súil agam gur féidir linn caidreamh maith oibre a bhunú leat i saol an 28ú Dáil. I also welcome the officials from the Department. Doubtless we will come to know them well as the work of the committee progresses over the next couple of years.
Irish Film Board (Amendment) Bill, 1997: Committee Stage.
I thank you, Chairman, and the members of the committee for your warm welcome. This is my first time before this committee; indeed, it is my first time before any committee as a Minister. I look forward to working with you, Chairman, and all the members of the committee for the rest of the term of this Government.
I take this opportunity to thank all who participated in the Second Stage debate. It was a fruitful and helpful debate which showed people's great knowledge of and interest in the film industry and the Irish Film Board in particular.
NEW SECTIONS.
Amendment No. 1 is in the name of the Minister. Amendment No. 3 is an alternative. We will discuss amendments Nos. 1 and 3 together by agreement. Is that agreed? Agreed.
I move amendment No. 1:
In page 3, before section 1, to insert the following new section:
"1.—(1) The Board established by section 3 of the Irish Film Board Act, 1980, shall, on and after the passing of this Act, be known as Bord Scannán na hÉireann or, in the English language, by the name specified in that section.
(2) The Board referred to in subsection (1) of this section may provide itself with a new seal under section 14 of the Irish Film Board Act, 1980.".
I am happy to table this amendment because it addresses the issue which is raised in Deputy Michael D. Higgins's amendment. It relates to the Irish language title of the Irish Film Board and I thoroughly agree with him that the Irish language title should be given the same standing and prominence as the English language title.
The Irish Film Board has used the Irish language with great pride over the years. It has taken every opportunity to do so, not least at film festivals abroad where the Irish language title retains the same prominence on the stands and in printed material as the English language title.
I am happy to commend this amendment to the House. I am certainly in favour of the general thrust of Deputy Higgins's amendment but this amendment addresses the issue correctly whereas Deputy Higgins's amendment does not. Therefore, I propose that the committee accept this amendment.
Ba mhaith liom cuidiú leis an bhfáilte a chuir tú roimh an Aire, a Chathlaoirligh. Tá ról níos leithne ag coiste na Gaeilge ná mar a bhí roimhe seo. Táimid ag chuir isteach inti ealaíon, cúltúr agus oidhreacht.
Sílim gur cuidiú mór é go bhfuil tearmaí tagartha níos leithne ag an gcoiste. Seo é an chéad uair ar déileáil an choiste seo le reachtaíocht. Is dóigh gur rud stairiúil é agus, mar sin, ba mhaith liom fáilte a chuir roimh an Aire.
Molaim an tAire as glachadh leis an leasú in ainm an Teachta Micheál D. Ó hUiginn.
There is a long tradition of dealing with semi-State boards and organisations where the Irish language plays a very prominent part. There is Bord Soláthair Leictreachais, Bord na gCon, Bord na Móna and Bord Scannán na hÉireann — a very appropriate name for the film board — and I hope it will get equal prominence with the English version. I am glad the Minister has accepted the amendment.
When the terms of reference, jurisdiction and responsibility of the old Roinn na Gaeltachta were expanded and extended a number of years ago many of us with an interest in the Irish language were afraid that it would be subsumed into that Department and that it would not have a prominent part in the future. I hope the Minister ensures not only that the language will have an important part in what we are dealing with today but also in the workings of her Department in general and that the high standard of the use of Irish will be maintained.
We have seen the use of the Irish language in other Departments on a downward trend for many years and if that happens in the Minister's Department it would be a sad day for what is probably the first national aim of most parties in this country, that is, to have a bilingual society.
Molaim tú as glacadh leis an leasú seo. Ní shílim go mbeidh deachracht ar bith ón taobh seo den Teach.
: It is my understanding that amendment No. 1 is an alternative to amendment No. 3.
Both amendments are being taken together by agreement. Perhaps the Minister might explain.
Although I agree with the general philosophy of Deputy M. Higgins's amendment, it is not correctly stated and that is why I tabled my amendment. I ask Members to support it. If my amendment is accepted amendment No. 3 will fall.
Essentially they are the same.
That is correct.
For clarification, amendments Nos. 1 and 3 are separate amendments.
Amendment agreed to.
Amendments Nos. 2 and 3 not moved.
Section 1 agreed to.
NEW SECTION.
I move amendment No. 4:
In page 3, before section 2, to insert the following new section:
"2.—Section 13 of the Irish Film Board Act, 1980, is hereby amended by the deletion of the word 'chairman' wherever it occurs and the substitution therefor of the word 'chairperson', and references elsewhere in that Act to the chairman of the Board shall be construed as references to the chairperson of the Board.".
It is in line with modern day thinking that the word "chairman" seems to be going out of fashion and the word "chairperson" seems to be the accepted form. I would be in favour of the word "cathaoirleach" substituting for both as it covers male and female but if we are going to adhere to "chair" I believe the word "chairperson" would be the appropriate title.
Deputy Higgins is obviously ensuring the language used is gender neutral and that is something I support in general terms. However, it is important to point out that a Government decision of 27 October 1993 has the effect that all future legislation would be gender neutral as far as possible. Section 11(b) of the Interpretation Act, 1937, provides that "Every word importing the masculine gender shall, unless the contrary intention appears, be construed as if it also imported the feminine gender". Although it is a 1937 Act all Members would agree that it was enlightening at the time that it tried to implant the idea of ensuring that legislation was gender neutral as far as possible. The term "chairman" is certainly considered under this Act to mean either male or female and it is also important that from 1993 onwards all legislation will refer very distinctly to issues such as gender neutral. However, it would cause a difficulty to backdate all the legislation involved, including this legislation, because it amends previous legislation. New legislation would be different as it would come under the 1993 provisions.
I suggest that the wording remains as it is because the 1937 Act covers all legislation up until 1993. To look at legislation between now and then would take a great deal of resources and staff would have to be deflected to deal with it. On a practical basis the general view and principle enshrined in this amendment has been catered for and will, in a more obvious way, form any new legislation. The amendment is not necessary.
Amendment, by leave, withdrawn.
SECTION 2.
I move amendment No. 5:
In page 3, lines 33 and 34, to delete ", with the consent of the Minister and the Minister for Finance,".
It is important to draw the committee's attention to this amendment which deals with an oversight in the drafting of the Bill. On Second Stage I mentioned that I had taken the opportunity to include in section 2 a provision relating to the officers and servants of the Irish Film Board, which is designed to bring the board's provisions in this area up to date and into line with the statutory provisions applicable to other non-commercial State-sponsored bodies. Section 2 relates to board decisions regarding, first, the number of persons to be appointed as officers and servants, second, their rates of remuneration and allowances for expenses, third, their terms and conditions of employment, fourth, the grades and number of persons in each grade and fifth, the removal of an officer or servant of the board.
My amendment relates to the latter decision. While in the first four instances I believe it is entirely appropriate that the role of both the Minister for Arts, Heritage, Gaeltacht and the Islands and the Minister for Finance be enshrined in legislation, I do not believe that the removal of an officer or servant of the board should be the business of either Minister. That is why I wish to delete these words from the Bill. If they were to remain part of the legislation they could be construed as interference with the autonomy of the board and I do not think any of us wishes that. It was an oversight in the drafting of the Bill and I ask the committee to accept the amendment to delete these words.
This is almost a new departure. If a board member is to be removed from Údarás na Gaeltachta, for which the Minister is also responsible, it must be done with the authority and sanction of the Minister. However, I understand the thrust of the Minister's remarks and it is the right approach. It could be construed as interference for political or other reasons if a member was dismissed or removed. I have no hesitation supporting the amendment.
Amendment agreed to.
Section 2, as amended, agreed to.
Section 3 agreed to.
Title agreed to.