When will this legislation be enacted?
Heritage Fund Bill, 2001: Committee and Remaining Stages.
SECTION 1.
Question proposed: "That section 1 stand part of the Bill."
Straight away, or as soon as possible. This is a money Bill and as such money allocated for 2001 is already in the Department of Arts, Heritage, Gaeltacht and the Islands. We would like to have this up and running before the end of the year.
Question put and agreed to.
Sections 2 to 11, inclusive, agreed to.
SECTION 12.
Question proposed: "That section 12 stand part of the Bill."
I will not oppose this section but I have a problem with it. Clearly there is a difference between a person who feels something has got out of hand or is out of control and brings what he knows to the attention of the wider public and somebody who uses his inside position for commercial gain. I presume this section was included to deal with people who may use their inside position to make a quick buck for themselves or to tip off somebody else. That person clearly deserves the punishments laid down. No one here wishes to encourage the leaking of information.
Senator Fitzgerald and I are members of the governing authority in UCD and at the last meeting, as Senator Fitzgerald may remember, the journalists had the story of what happened before the meeting had concluded. That happens. Parliamentary parties leak information. Cabinet information is, occasionally, leaked. I am concerned that the penalties, which are fairly draconian, could be used against somebody who, in their own misguided way, had sought to inform the public of a disagreement on the board. I am a little unhappy that that potential exists, although I suspect it will not happen. I am not opposing the section.
Sections 11 and 12 are standard provisions. I can understand the frustration caused by the leaking of information. It is important, however, that this principle is contained in the Bill. Concern has been expressed regarding the position and roles of the directors and chief executives and their roles toward their respective boards. This point was raised with me and we discussed it in the Department. We have tried to ensure, through the parliamentary counsel, that we got the balance right. We have used standard provisions to protect the directors or chief executives in that position.
As I said in my Second Stage contribution, certain roles and procedures are laid down and as long as they are adhered to there should be no problem. This also raises another question regarding the freedom of information. The proceedings of meetings are subject to the Freedom of Information Act and, as such, people will have an opportunity, if they feel issues should be made public, to seek such information.
Question put and agreed to.
Section 13 agreed to.
Title agreed to.
Bill reported without amendment and received for final consideration.
Question proposed: "That the Bill do now pass."
I wish to express our appreciation to the Minister for bringing forward this Bill and to compliment her and her Department. I also compliment the Opposition for their co-operation and their exceptionally helpful and positive comments throughout the debate.
I thank the Minister for bringing this Bill to the House. It was a pleasure to support the Bill and I hope it will be successful, as I believe it will. I have no doubt that, in ten or 12 years from now, we will all be very grateful that this Bill, this Act, will have been in place.
Acting Chairman
The Chair joins in the expression of thanks to the Minister.
I thank the Senators who contributed to this very enjoyable debate. I also thank my officials for their assistance. Go raibh míle maith agaibh.
Question put and agreed to.
Acting Chairman
Before I call on the Acting Leader to move the adjournment of the House I would like to inform Members in connection with the text of motion 1, agreed earlier, that "27.11.01" should read "27.11.02".
The Seanad adjourned at 5.20 p.m. until 10.30 a.m. on Wednesday, 5 December 2001.