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Seanad: Order of Business. (28 Nov 2002)

Brian Hayes: We do not object to the Order of Business. We understand the importance of this Bill to the Northern peace process and fully support it. Obviously we will comment on it. Will the Leader provide time at the earliest opportunity for Members to contribute on the report on the national spatial strategy published by the Government today? This is a chance for us to get things right for the next 50...

Seanad: Order of Business. (28 Nov 2002)

Brian Hayes: Who would suggest such a thing?

Seanad: Order of Business. (28 Nov 2002)

Brian Hayes: The Leader is right.

Seanad: Order of Business. (28 Nov 2002)

Brian Hayes: I spoke on his behalf. Other groups were not present.

Seanad: British-Irish Agreement (Amendment) Bill, 2002: Second Stage. (28 Nov 2002)

Brian Hayes: It is a sign of the times.

Seanad: British-Irish Agreement (Amendment) Bill, 2002: Second Stage. (28 Nov 2002)

Brian Hayes: Why would it be referred to?

Seanad: British-Irish Agreement (Amendment) Bill, 2002: Second Stage. (28 Nov 2002)

Brian Hayes: There was the Foyle Fisheries Commission in 1955.

Seanad: British-Irish Agreement (Amendment) Bill, 2002: Second Stage. (28 Nov 2002)

Brian Hayes: There was joint authority.

Seanad: British-Irish Agreement (Amendment) Bill, 2002: Second Stage. (28 Nov 2002)

Brian Hayes: That is right.

Seanad: British-Irish Agreement (Amendment) Bill, 2002: Second Stage. (28 Nov 2002)

Brian Hayes: I concur with the points made by Senators Bradford, O'Rourke and Ryan. The Bill is technical and short, but it is important to ensure that the bodies established under the North-South Ministerial Council can continue to operate. I have just finished David Trimble's biography by Henry McDonald. In the context of the talks that took place, it was interesting to note that there were 18 proposals...

Seanad: British-Irish Agreement (Amendment) Bill, 2002: Second Stage. (28 Nov 2002)

Brian Hayes: Without the consent of the House.

Seanad: British-Irish Agreement (Amendment) Bill, 2002: Second Stage. (28 Nov 2002)

Brian Hayes: We will go through the sections, if the Minister of State wants to do so.

Seanad: British-Irish Agreement (Amendment) Bill, 2002: Committee and Remaining Stages. (28 Nov 2002)

Brian Hayes: One of the bodies mentioned is the Food Safety Promotion Board which will now come under the aegis of the Minister for Health and Children. Presumably the board will also deal with agriculture related matters. Why is the Minister for Agriculture and Food not referred to in subsection (2)(b) which states that particular function will come under the Minister for Health and Children? Why is the...

Seanad: British-Irish Agreement (Amendment) Bill, 2002: Committee and Remaining Stages. (28 Nov 2002)

Brian Hayes: The Oireachtas is now being asked to provide this temporary measure. When the Assembly is up and running again, this Bill, presumably, will expire and we will revert to the original 1998 legislation. Why is it the case that the Dáil and the Seanad will not be part of that process as against the Taoiseach?

Seanad: British-Irish Agreement (Amendment) Bill, 2002: Committee and Remaining Stages. (28 Nov 2002)

Brian Hayes: Senator Ryan asked if there was any precedent for British authority in this jurisdiction. There is. A large part of the Foyle comes within our jurisdiction. The Foyle Fisheries Commission, which was established in 1952, is a joint authority mechanism.

Seanad: British-Irish Agreement (Amendment) Bill, 2002: Committee and Remaining Stages. (28 Nov 2002)

Brian Hayes: Carlingford Lough is another example. There is, therefore, a precedent for the British and Irish Governments working together even before this Agreement was forged.

Seanad: British-Irish Agreement (Amendment) Bill, 2002: Committee and Remaining Stages. (28 Nov 2002)

Brian Hayes: I referred to this point in my remarks. Subsection (4)(b) concerns the date on which the Bill will, in effect, become redundant. It states that the day fixed under paragraph (a) shall be the earliest practicable day after the termination of the Agreement in accordance with its terms on the restoration of the Northern Ireland Assembly. Let us consider the scenario I mentioned. If we have...

Seanad: British-Irish Agreement (Amendment) Bill, 2002: Committee and Remaining Stages. (28 Nov 2002)

Brian Hayes: It refers to the restoration of the Northern Ireland Assembly.

Seanad: British-Irish Agreement (Amendment) Bill, 2002: Committee and Remaining Stages. (28 Nov 2002)

Brian Hayes: Perhaps I misunderstand. There will be elections in May and an Assembly will be formed but there is no agreement on the formation of an Executive. In that scenario does the Bill fall? From my reading of it I believe it does because it says: (b) The day fixed under paragraph (a) shall be the earliest practicable day after the termination of the Agreement in accordance with its terms on the...

Seanad: British-Irish Agreement (Amendment) Bill, 2002: Committee and Remaining Stages. (28 Nov 2002)

Brian Hayes: At what point?

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