Simon Harris (Wicklow, Fine Gael) | Oireachtas source

Section 26 of the Bill replicates the provision of the Acts under which the NDFA operates. It is important to say that we are not seeking to assign any new functions to the NDFA; we are seeking simply to transfer the NDFA's functions to the NTMA. Section 26 (c) provides that the NDFA may enter into PPPs on behalf of a State authority and transfer the rights and obligations under the contract to the State authority once the PPP arrangement has been put in place. In simple terms, the NDFA is a centre of excellence working with relevant State authorities to put PPP commercial contracts together in a standardised and consistent way before they are handed back to the State authorities. The contracts will then be administered directly by the State authorities rather than the NDFA on the authorities' behalf. PPP arrangements do not contemplate the transfer by a State authority of its rights and obligations under a PPP to a third party, and this makes the amendment proposed to this subsection unnecessary. Section 26(d) provides that the NDFA may act as an agent of a State authority in entering into a PPP contract. The contract for the PPP will include provisions for exit from or termination of the PPP, and therefore we find it unnecessary to make such specific provision in legislation.