Oireachtas Joint and Select Committees

Tuesday, 1 July 2014

Joint Oireachtas Committee on Agriculture, Food and the Marine

General Scheme of Horse Racing Ireland (Amendment) Bill 2014: Department of Agriculture, Food and the Marine

3:00 pm

Mr. Brendan Gleeson:

Head 8 is about providing the Minister with more power. It is arguable that these powers are implicit in any event but they were not explicit in the current legislation.
The powers allow the Minister to request information on activities, including compliance with the code of practice for the governance of State bodies. Our other codes are policy documents that may issue from time to time, or in relation to its strategy, or in relation to its accounts. Section 8 allows the Minister and requires HRI, on foot of such a request, to provide the Minister with information in relation to these things.
With regards head 8(4), we spoke about the distinction between a directive and a direction earlier and I may have confused people with the wrong word. It states:

The Minister may direct HRI in relation to its compliance with codes or policy documents issued by a member of the Government.
Head 8(5) states:
The Minister may require HRI and the Racing Regulatory Body to agree procedures to ensure compliance with Government codes of practice, .....
The provisions form part of the cascading accountability. They provide that the Minister can instruct HRI, and the racing regulatory body, to come to some arrangements that are acceptable to him in relation to the calculation of financial requirements and, therefore, strengthens governance. It is arguable that one could do so anyway but it was felt appropriate to put some explicit provision into the heads.