Amendments Nos. 99 and 100 are related and may be discussed together.
SECTION 36.
I move amendment No. 99:
In page 26, subsection (4), lines 21 and 22, to delete "conduct of a particular investigation" and substitute "performance of its functions under this section".
The purpose of these amendments is to give the authority greater scope to employ qualified persons for a particular purpose. This is the point raised earlier by Deputy Keogh. The wording, which is similar to that of the 1977 Act, allows the authority to employ persons with relevant qualifications for the purpose of an investigation only. The amendments will allow the authority to employ such persons not only for investigations but also for the research and information functions under this section. The authority will thus be able, subject to ministerial agreement, to supplement the staff appointed under section 31 with persons with relevant qualifications in the area of research, information and investigation. This amendment will give the authority a greater degree of flexibility than is available to the present Employment Equality Agency.
It is important that the authority should have the ability to undertake its task properly and with the necessary type of staff who would have the essential expertise and who would not necessarily be available within the context of the Civil Service. It is important for the authority to have greater flexibility in that regard. I hope the Minister's amendments will ensure that the authority's autonomy and flexibility is adequate to meet the requirements. Is there any way to monitor this so that the authority might widen the scope of its remit? In other words, if the authority believes that greater expertise is needed in some area that is not specified in the Bill, will it be within the Minister's remit to accede to such a request without having to amend the Bill?
It probably would require a change in the Bill but this is a major extension and improvement of the position which pertained. It reasonably meets the needs of the situation. I tabled these amendments because they will be helpful in that regard.
I agree that the amendments are helpful. I have no problem in agreeing them with the proviso that for its future development, the authority should have the required amount of expertise available.
Amendment agreed to.
I move amendment No. 100:
In page 26, subsection (4), line 24, to delete "that investigation" and substitute "those functions".
Amendment agreed to.
Section 36, as amended, agreed to.
Section 37 agreed to.