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

I thank members and witnesses for participating in today's committee meeting in line with the exceptional circumstances we have to deal with during the Covid-19 pandemic. I remind the committee 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 precincts of the Leinster House complex only. Apologies have been received from Deputy Stanton and Senators Gavan and Ahearn.

Today we will give consideration to the general scheme of the companies (small company administrative rescue process) Bill 2021. Recently, the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Robert Troy, wrote to the Business Committee seeking an exemption from the normal pre-legislative scrutiny requirements in light of the urgency of getting this Bill enacted. This is the third time the Department has requested an exemption from normal pre-legislative scrutiny requirements from us, and these are not requests to which I agree or ask the committee to agree lightly. Pre-legislative scrutiny is an essential part of our role as legislators. Since the beginning of the year our committee has been very busy and has agreed to pre-legislative scrutiny on the corporate enforcement authority Bill and the sale of tickets Bill, since enacted, and we are to complete pre-legislative scrutiny of the competition Bill.

The general scheme we will be discussing today provides for a rescue mechanism for small and microbusinesses facing financial and trading difficulties exacerbated by the Covid-19 pandemic, with the aim of preventing the closure of otherwise viable companies and providing them with the necessary breathing room to continue in operation and trade their way out of present difficulties. The Minister of State's request to the Business Committee for a waiver of pre-legislative consideration has been passed on to this committee for our observations. Following today's meeting we are required to communicate these decisions to the Business Committee for it to decide on the application for a waiver. As the committee will know, we had been scheduled to commence today's meeting at 9.30 a.m. with the Minister of State at the Department of Enterprise, Trade and Employment, Deputy Troy. Subsequently, however, the Minister of State was unable to attend. A letter to this effect has been circulated to members explaining his reasons. In his place, we are delighted to welcome the Minister of State, Deputy English, who indicated that he would be available from 9.45 a.m., hence the later start time for today's meeting. I am pleased to welcome the Minister of State to brief the committee on the general scheme and on the case for a waiver of pre-legislative scrutiny.

Before we start, I wish to explain some limitations to parliamentary privilege and the practice of the Houses regarding references witnesses make to other persons in their 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. However, today's witnesses, as I said, will give 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 physically present does. 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 the person or entity. Therefore, if their statements are potentially defamatory in respect of an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction.

The opening statement of the Minister of State, Deputy English, has been circulated to members, as has a letter to the Business Committee from the Minister of State, Deputy Robert Troy. To commence our consideration of this matter, I now invite the Minister of State, Deputy Damien English, to make his opening statement.