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Select Sub-Committee on Arts, Heritage and the Gaeltacht debate -
Tuesday, 14 Jul 2015

National Cultural Institutions (National Concert Hall) Bill 2015: Committee Stage

This meeting has been convened for the purpose of the consideration of Committee Stage of the National Cultural Institutions (National Concert Hall) Bill 2015. The meeting will continue until 8 p.m. and if the proceedings on the Bill have not concluded by then, we will suspend the meeting for 15 minutes and resume at 8.15 p.m. Is that agreed? Agreed.

The Bill provides for the establishment of a body to be known in the Irish language as An Ceoláras Náisiúnta or in the English language as the National Concert Hall to provide and operate the national venue for the performance, appreciation and enjoyment of music and to provide for related matters.

I welcome the Minister for Arts, Heritage and the Gaeltacht, Deputy Heather Humphreys, and her officials, Mr. Kevin Lonergan, principal officer and Ms Orlaith Gleeson, assistant principal officer.

Section 1 agreed to.
SECTION 2
Question proposed: "That section 2 stand part of the Bill."

As I indicated during the Second Stage debate, there is a lack of ambition for the future development of the National Concert Hall and notwithstanding the various areas of diversification and outreach in which it is currently involved, it might be in a position to provide services at other locations around the country. As I read it, that is not envisaged in the Bill. I wish to signal that I would like the opportunity to bring forward an amendment to address what I see as that shortcoming in the legislation.

Question put and agreed to.
Sections 3 to 10, inclusive, agreed to.
SECTION 11

I move amendment No. 1: 

In page 8, to delete line 37 and substitute the following:

“(e) is, or is deemed to be, the subject of an order under section 160 of the Companies Act 1990 or a disqualification order within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, or”

The purpose of this amendment is to clarify that a person, the subject of a disqualification order under the Companies Act 1990 or the Companies Act 2014, shall not be qualified to be a member of the board of the NCH. It was recommended by the Office of the Attorney General to ensure that this Bill takes account of the recent commencement of the Companies Act 2014.

Amendment agreed to.
Section 11, as amended, agreed to.
Sections 12 to 15, inclusive, agreed to.
SECTION 16
Question proposed: "That section 16 stand part of the Bill."

The Bill makes no provision for ministerial oversight or review of the strategy statements. As envisaged in the Bill, the Minister will simply receive the strategy statement and lay it before the Houses. One would think there should be some sort of provision for the Minister to review the strategy and to be satisfied that the strategy is consistent with Government policy and priorities and that it is compatible with, and complementary to, the strategies being pursued by other cultural institutions. I signalled my concerns on Second Stage and I hope to return to it on Report Stage.

Question put and agreed to.
Sections 17 and 18 agreed to.
SECTION 19
Question proposed: "That section 19 stand part of the Bill."

Section 19 deals with staffing and is modelled on the strict staffing controls that are exercised currently by the Minister for Public Expenditure and Reform, aiming to restrict the number of civil servant staff numbers and gradings. We need to be conscious of the fact that approximately 75% of the income of the National Concert Hall comes from its own trading activity and I am concerned that unduly restrictive constraints would be put on it.

We need to look at the possibility of the Minister, having due regard to the financial position of the National Concert Hall and in consultation with the board, having a more open approach to staffing schedules. Again, I will consider drafting an amendment on this issue for Report Stage.

There have been developments in the past few months and staffing matters are no longer dictated by a moratorium. Staffing matters in the National Concert Hall can now be dealt with between my Department and the National Concert Hall under new delegated sanction arrangements. I see this increasing the flexibility of the National Concert Hall in regard to staffing.

Question put and agreed to.
Sections 20 to 24, inclusive agreed to.
SECTION 25

Amendments Nos. 2 and 3 are related and will be discussed together.

I move amendment No. 2:

In page 16, lines 24 and 25, to delete “and the Minister for Public Expenditure and Reform” and substitute “, the Minister for Public Expenditure and Reform and the Minister for Finance”.

The purpose of these amendments is to clarify that the consent of the Minister for Finance is required as well as the consent of the Minister for Public Expenditure and Reform when the National Concert wishes to borrow money.

Amendment agreed to.

I move amendment No. 3:

In page 16, line 26, to delete “or the Minister for Public Expenditure and Reform” and substitute “, the Minister for Public Expenditure and Reform or the Minister for Finance”.

Amendment agreed to.
Section 25, as amended, agreed to.
Sections 26 to 38, inclusive, agreed to.
Title agreed to.

I would like to indicate that I will table amendments relating to the proposed change of name of the Irish Film Board on Report Stage. I am also examining a potential Report Stage amendment on including a reference to the location of the National Concert Hall at Earlsfort Terrace. A potential timing issue exists between the time limit for submission of the annual report in section 17 and the preparation of the annual accounts in section 26, so it may be necessary to bring an amendment forward to extend the time limit at section 17.

Bill reported with amendments.

I thank the Minister and her officials for attending today's meeting.

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