Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I move amendment No. 14:

In page 13, subsection (11), line 21, to delete "The" and substitute "Subject to this Act, the".

This corrects an omission in the first print of the Bill and inserts the words "Subject to this Act" at section 8(11). It will clarify that, notwithstanding other provisions of the Act, such as section 14, the duty of the agency to furnish information to the Minister, section 5, a requirement to furnish information in documents, section 47, the power of the Minister to give directions to the agency, and section 48, the power of the Minister to issue guidelines to the agency, the agency shall be independent in the performance of its functions. To respect the exercise of professional judgement in a particular case, section 47(5) makes it clear that a direction given by the Minister shall not interfere with the exercise of professional judgement in a particular case. Similarly, section 47(6) makes it clear that a Minister shall not give a direction relating to a decision for the provision of a service by or on behalf of the agency to a particular person. The effect of this amendment is to bring clarity to the effect of section 8(11) providing for the agency's independence.