Amendments Nos. 52 and 53 are related and may be discussed together.
SECTION 38.
I move amendment No. 52:
In page 18, subsection (2), line 9, after "Board" to insert "or subsidiary board as appropriate".
This section follows the line of argument I pursued yesterday on the role of subsidiary boards which, should be more than just a levy collection mechanism. They must be able to determine, collect and have a say in the spending of the levy relating to their area of authority. Only meat and livestock are levied at the moment. I assume it will only cover these areas unless the Minister plans to extend the levy procedure to other commodities. Will the Minister ensure that the subsidiary board replacing CBF, an autonomous body, will have an almost autonomous function. I do not want the subsidiary livestock and meat board to be merely a collection system of the levy for the main board. I want it to have a say in the determination and spending of the levy, subject to final sanction from the main board. I want it to operate as close as possible to the format of CBF, while accepting that the final authority must rest with the main board.
This amendment states that within the period of 14 days, commencing immediately after the expiration of the levy period, every person liable to pay a levy shall furnish to the board or subsidiary board as appropriate, a true and correct return of the amount of the levy, if any, which became due during the levy period and shall at the same time remit to the board or subsidiary board the amount of levy, if any, payable in respect of such levy period.
Will the Minister accept the spirit and wording of the amendment? I am not sure, given that the words are sparse, that it could be expressed any better, but I am subject to correction on that. This section should refer to the board and any subsidiary board as appropriate, especially the CBF replacement board. Indeed, there may be others later with similar functions in different areas.
I accept Deputy Doyle's point. Obviously, it is my intention and that of the Minister for Agriculture, Food and Forestry that the board would continue to operate as close as possible to the CBF model because it worked extremely well. Indeed, synergies inside the new operation will help to develop that role. There is no problem with the subsidiary board maintaining the functions of CBF.
I have a difficulty with the amendments in that if we add "or the subsidiary board as appropriate" it would pre-empt my advice on the power of the board, as set out in section 13, that the board must be the first operator in regard to the levy.
I did not say "and subsidiary board as appropriate." My words were carefully chosen. It would be a matter for the board to determine in advance whether the subsidiary board would be appropriate. I am not tying the Minister's hands on this matter. I want to allow the board give the subsidiary board that information if it sees fit.
I am not sure this wording is the best vehicle for achieving what Deputy Doyle seeks. However, in a constructive spirit, I am willing to consider that between now and Report Stage.
Does the Minister accept my point, but finds my wording inappropriate? I would accept that; I do not have the parliamentary draftsman at my disposal. I would be happy if the Minister accepted my case, subject to rewording by the Government.
I will have to check out the legalities in terms of the pre-eminent position of the board, but I have no problems in principle with having subsidiary boards as autonomous as possible. I have covered this area to some extent. I would like to go through it in more detail, on foot of my undertaking at this stage. The jury is out as far as the principle of the matter is concerned. Reporting could in some instances be to a subsidiary board, rather than to the main board. I will look at this valid point on CBF in a constructive spirit. It is important, from the industry's point of view, to show that the board's role is not being restricted. In that spirit, I will consider the issue and report to the Deputy.
Amendment, by leave, withdrawn.
Amendment No. 53 not moved.
Section 38 agreed to.
Sections 39 and 40 agreed to.