This meeting has been convened for the purpose of consideration by this committee of the Local Government Services (Corporate Bodies)(Confirmation of Orders) Bill 2008. The Bill was referred to the select committee by order of the Dáil on 10 April 2008. I welcome the Minister of State at the Department of the Environment, Heritage and Local Government, Deputy Tony Killeen, and his officials to the meeting. We will proceed with consideration of the Bill.
Local Government Services (Corporate Bodies)(Confirmation of Orders) Bill 2008: Committee Stage.
Sections 1 and 2 agreed to.
SECTION 3.
Question proposed: "That section 3 stand part of the Bill."
There were a number of matters raised on Second Stage relating to confirmation of certain orders and the manner in which we do our business, such as whether they should be in primary legislation or regulation. Perhaps the Minister of State has had an opportunity to reflect on the contributions on Second Stage in the context of this section. What are his thoughts?
As a general principle, it is probably safer to have provisions of this nature in primary legislation. It is important to point out there has been no finding of illegality or unconstitutionality in the provisions of the 1971 Act. We have opted to take this action because of the experience from the Health (Amendment) Act and an entirely similar provision in that legislation. That is the reason we have taken the initiative with this legislation on this occasion.
It does not have implications for the other elements mentioned by Deputy Hogan on Second Stage. I responded to him when replying on Second Stage in any event.
There are no outstanding legislative matters which we should be concerned about that require this legislation from the Department of the Environment, Heritage and Law Reform.
Not that we know of at this stage. It arose entirely on the basis of the experience of the health Act.
Question put and agreed to.
Sections 4 to 6, inclusive, agreed to.
Schedule agreed to.
Title agreed to.
Bill reported without amendment.