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Seanad Éireann díospóireacht -
Tuesday, 1 May 2007

Vol. 186 No. 25

Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Bill 2007: Committee and Remaining Stages.

Section 1 agreed to.
SECTION 2.

Amendments Nos. 1 to 4, inclusive, are related and may be discussed together by agreement. Is that agreed? Agreed.

I move amendment No. 1:

In page 4, subsection (1)(f), line 35, after “functions” to insert “including functions”.

The lawyer who advises me on these matters is of the opinion that the amendments tabled by my party colleagues are necessary to clarify the legislation. However, there is no issue involved and I will take the Minister's advice on them.

In respect of amendment No. 1, which is proposed by the Senator in regard to section 2, I have taken legal advice on the matter from the Attorney General. In this regard, Parliamentary Counsel provided an amended draft text to address the concerns of the Senators. As reflected in amendment No. 2, I propose to amend the Bill as follows, to delete "under paragraphs (a) to (e)” and substitute “(including functions under paragraphs (a) to (e))”. I propose that amendment No. 2 be agreed as it addresses the Senator’s concerns.

Is amendment No. 1 being pressed?

No, but amendments Nos. 1 to 4, inclusive, are being taken together and I would like to hear the Minister's response to the other amendments before we decide on them.

I will deal with amendments Nos. 3 and 4 together, amendments Nos. 1 and 2 are linked and, therefore, I will deal with amendments Nos. 1 to 4, inclusive.

The amendment I propose in regard to page 4, subsection (2)(a), lines 42 and 43, provides for the deletion of “specified in subsection (1)” and the substitution of “(including functions specified in subsection (1))”. This addresses the concern raised by the Senator in respect of schemes and the Minister’s function generally in a similar manner to amendments Nos. 1 and 2. Amendment No. 4 is being proposed on foot of the advice of Parliamentary Counsel and I propose that it be agreed as it deals with the issues raised by the Senator in amendment No. 3. In other words, amendments Nos. 2 and 4 deal with the proposals in amendments Nos. 1 and 3 in the Senator’s name in a slightly different way. I am not a barrister——

No more than myself.

——and, therefore, I have to take the advice I have been given. Amendments Nos. 2 and 4 address Senator Ryan's amendments in a different way.

Amendment, by leave, withdrawn.
Government amendment No. 2:
In page 4, subsection (1)(f), lines 35 and 36, to delete “under paragraphs (a) to (e)” and substitute the following:
"(including functions underparagraphs (a) to (e))”.
Amendment agreed to.
Amendment No. 3 not moved.
Government amendment No. 4:
In page 4, subsection (2)(a), lines 42 and 43, to delete “specified in subsection (1)” and substitute the following:
"(including functions specified insubsection (1))”.
Amendment agreed to.

Amendments Nos. 5 and 6 are related and will be taken together by agreement.

Government amendment No. 5:
In page 5, subsection (3), line 5, after "virtue" to insert "only".

This further emphasises that the Minister shall not be or be deemed to be an employer within the meaning of the Terms of Employment (Information) Acts 1994 and 2001 by virtue only of the provision of funding to a person or persons under a scheme.

I note that amendment No. 6 tabled by Senator Ryan relates to this issue. I have taken legal advice on this matter and am advised that the text as it is now proposed addresses the concerns of Senators. This amendment now provides an exemption for the Minister from being treated as an employer where funding is provided under a contract of employment by the Minister. The provision in the Bill only relates to the provision of funding to a person or persons under a scheme.

Amendment agreed to.
Amendment No. 6 not moved.
Section 2, as amended, agreed to.
Section 3 agreed to.
SECTION 4.

Amendments Nos. 7 and 8 are related and will be discussed together by agreement.

Government amendment No. 7:
In page 5, lines 22 and 23, to delete "deleting "£250,000" and substituting "€1,000,000" " and substitute "substituting "€1,000,000" for "£250,000" ".

Amendments Nos. 7 and 8 are technical amendments that reorder words on the advice of the Parliamentary Counsel.

Amendment agreed to.
Section 4, as amended, agreed to.
SECTION 5.
Government amendment No. 8:
In page 5, lines 24 and 25, to delete all words from and including "deleting" in line 24 down to and including "following" in line 25 and substitute "substituting the following for paragraph (b)”.
Amendment agreed to.
Section 5, as amended, agreed to.
Sections 6 to 9, inclusive, agreed to.
Schedule agreed to.
Title agreed to.
Bill reported with amendments and received for final consideration.
Question proposed: "That the Bill do now pass."

Gabhaim chuile rath ar gach duine a bheidh ag glacadh páirte sa toghchán. Gabhaim buíochas don Teach as ucht na cúirtéise ar fad a taispeánadh dom le cúig bliana anuas. I thank the House for all the courtesy shown over the past five years. The Official Languages Act was the first legislation I introduced in this House and the last Bill I brought before the Houses was initiated in the Seanad. As an ex-Senator and someone who started my political career here, I am pleased with that record.

I thank the Minister and his officials for their work on this Bill and for bringing it forward. As he said, he was caught on the hop like the rest of us but I wish this measure well, even if it must start again when we come back. At least the Minister has acted as John the Baptist on the work.

Gabhaim buíochas leis an Aire agus na Seanadóirí eile go rabhamar in ann bheith ar aon guth maidir leis an mBille seo. I want to avail of the opportunity to thank the Minister for the courtesy and accessibility he has always extended to Members of this House. I always had the feeling that he enjoyed very much the interaction with Members of the Seanad. I want to take the opportunity, as well, to wish him well in his future career. I wish all my colleagues likewise.

Gabhaim buíochas leis an Aire. Tá súil agam go n-éireoidh go maith le gach éinne atá páirteach sa toghchán. Tá sprioc difriúil agamsa féin, b'fhéidir, agus atá ag an Aire, ach táimid go léir sa chóras chéanna. Má bhíonn an seans aige, ba chóir dó féachaint ar an milleán. Más rud é go mbeidh duine éigin ina dhiaidh, b'fhéidir, chaithfidh sé nó sí féachaint conas a bhfuilimid ag cur Achtanna tríd an Oireachtas, where as I said four Ministers are involved in the decision to provide a subsidised bus service between Cleggan and Ballinasloe. It makes no sense and we allow matters of that nature to go through this House on a regular basis, which are incoherent and senseless. I can be certain that probably no Minister will see that provision. It will pass around four fairly junior civil servants in four different Departments. It is a waste of paper and time and is bad public administration. However, the Bill is a good idea and is welcome. I hope the Minister's optimism about our seaweed industry is justified — as the fulfilment of the dream of a young chemical engineer of 35 years ago if we were to develop a good downstream industry based on such a widespread natural resource.

I wish the Minister well in the election and the best of luck to everyone who is standing.

Question put and agreed to.
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