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Seanad

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

Bill Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Bill 2007
Enacted

No. 36 of 2007 ›

Paddy Burke An Leas-Chathaoirleach Fine Gael

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

Comment on this

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.

Comment on this
Éamon Ó Cuív Minister for Community, Rural and Gaeltacht Affairs

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.

Comment on this
Paddy Burke An Leas-Chathaoirleach Fine Gael

Is amendment No. 1 being pressed?

Comment on this

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.

Comment on this

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——

Comment on this

No more than myself.

Comment on this

——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.

Comment on this
Paddy Burke An Leas-Chathaoirleach Fine Gael

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

Comment on this

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.

Comment on this
Paddy Burke An Leas-Chathaoirleach Fine Gael

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

Comment on this

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

Comment on this
Éamon Ó Cuív Minister for Community, Rural and Gaeltacht Affairs

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.

Comment on this

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.

Comment on this

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.

Comment on this

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.

Comment on this
Paddy Burke An Leas-Chathaoirleach Fine Gael

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

Comment on this