Maurice Quinlivan (Limerick City, Sinn Fein) | Oireachtas source

I thank members and witnesses for participating in today's meeting in line with exceptional measures. I remind them that apart from me and members of the committee secretariat, all members and witnesses are required to participate remotely and all members are required to participate from within the Leinster House complex.

Today we are considering the loan guarantee schemes agreements (Strategic Banking Corporation of Ireland) Bill 2021. Recently, the Minister for Enterprise, Trade and Employment, Deputy Varadkar, wrote to the Business Committee seeking an exemption of the normal pre-legislative scrutiny requirements, given the urgency to have the Bill enacted by mid-May 2021. The general scheme of the Bill has been drafted to comply with advice received from the Office of the Attorney General on 19 March 2021 that legislation is required to provide the necessary powers for the Minister for Enterprise, Trade and Employment and the Minister for Agriculture, Food and the Marine to enter into an agreement with the Strategic Banking Corporation of Ireland to implement loan guarantee schemes for SMEs and small mid-caps, including many primary producers. The legislation must be enacted by mid-May if the scheme is to go ahead in time to provide support to businesses that face the twin disruptions of Brexit and Covid-19. The request of the Minister to the Business Committee for a waiver of pre-legislative consideration has been passed on to this committee to give our opinion on the request. Following this meeting, we are required to communicate this opinion to the Business Committee to allow it to decide on the waiver application.

To brief the committee on the Bill and the case for a waiver of pre-legislative scrutiny, I am pleased to welcome from the Department of Enterprise, Trade and Employment, Mr. Declan Hughes, assistant secretary, Ms Fiona Kilcullen, principal officer, and Dr. Elizabeth Harvey, assistant principal.

Before we start, I wish to explain some limitations to parliamentary privilege and to the practice of the Houses as regards reference that may be made to others when witnesses are giving evidence. The evidence of witnesses physically present or who give evidence from within the parliamentary precincts is protected, pursuant to both the Constitution and statute, by absolute privilege. Today's witnesses, however, are giving their evidence remotely from a place outside of the parliamentary precincts and, as such, may not benefit from the same level of immunity from legal proceedings as a witness who is physically present. Witnesses are reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that might be regarded as damaging to the good name of a person or entity. If, therefore, witnesses' statements are potentially defamatory to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction.

Mr. Hughes's opening statement has been circulated to all members. To commence our consideration of this matter, I invite him to make his opening remarks on behalf of the Department.