Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

The Bill does not need a definition of functions because such a definition is contained in the Interpretation Act 2005 which serves therefore for all individual Acts enacted since then. Prior to that year each individual Act which contained a reference to functions also contained a standard definition of functions. This was repetitive and therefore a decision was made to include this definition along with many other standard definitions in a revised Interpretation Act. The Interpretation Act definition of "functions" is found in Part 2 of the Schedule and includes "powers and duties, and references to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties".

In any event the proposed amendment is problematic in that it refers to the Human Rights Commission Act, which will be repealed, and to the Employment Equality Act, the relevant parts of which will be repealed. It does not refer to the Equal Status Act, but most importantly it does not refer to the Bill which we have before us. Therefore, if we accepted the Deputy's amendment we would have a definition of functions which did not cover any of the very many functions being given to the human rights and equality commission under the Bill. I am sure this is not what is intended. I hope this explanation satisfies the Deputy and that the amendment will not be pressed.