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Dáil Éireann díospóireacht -
Wednesday, 14 May 1997

Vol. 479 No. 3

Private Members' Business. - Hepatitis C Compensation Tribunal Bill, 1997: Committee Stage (Resumed).

NEW SECTION.

Limerick East): I move amendment No. 12:

In page 12, before section 13, to insert the following new section:

"13.—(1) If in any respect any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may be regulations do anything which appears to be necessary or expedient for the purposes of removing that difficulty, for bringing that provision into operation or for securing or facilitating its operation and any such regulations may modify any provision of this Act or any other enactment so far as may appear necessary or expedient for the purposes aforesaid.

(2) No regulations may be made under this section after the expiration of one year after the establishment day.".

I am proposing a new section 13 in amendment No. 12 to ensure that should any difficulties arise in bringing any provision of this section into operation the Minister for Health may, by regulation, do what is necessary or expedient for bringing that provision into operation. I would like to draw the attention of the House to a typing error in the amendment on the second line of the new section 13(1); the word "be" at the end of the line should read "by". I understand I have to mention this so that it will be automatically corrected in the Bills Office when the text is produced. The amendment should read, "If in any respect any difficulty arises in bringing any provision of this Act into operation or in relation to the operation of any such provision, the Minister may by regulations ....". This matter was discussed earlier.

This is a sensible amendment which gives the Minister power to remove difficulties. That is an appropriate power to give the Minister in the context of this Bill. As he stated earlier, the subject matter of this affair is unprecedented, it tested the qualities of the Minister and this Administration. To insert an amendment which places the tribunal on a statutory basis and cleverly anticipates difficulties which may arise in the future marks a maturity in the Administration which, unfortunately, was absent when the matter was being dealt with in the past. This is an appropriate power given the vulnerability of the people with which this Bill is concerned. I am pleased this element of flexibility is included.

I agree with Deputy O'Donnell. This anticipatory measure should be included in all Bills to provide for a self-renewing system. We should all learn from our mistakes.

Amendment agreed to.
New section agreed to.
Sections 14 and 15 agreed to.
Title agreed to.
Bill reported with amendment.
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