Brendan Howlin (Wexford, Labour)

I move amendment No. 28:

In page 41, line 14, to delete "Act" and substitute "section".

This is one of the drafting amendments I tabled.

Under section 1 the Minister is empowered to commence various sections of the Bill at different times. That is a normal provision. The problem with section 32 is that it states the National Authority for Occupational Safety and Health shall continue in being and shall from the commencement of this Act be known as the Health and Safety Authority. However, it should be from the commencement of this section. Some sections of legislation take years to come into effect, if ever. I remember dealing with the intoxicating liquor legislation several years ago, a section of which has still not commenced. There is other legislation, sections of which have been commenced over a decade or more after enactment.

It is logical that for the purposes of maintaining the National Authority for Occupational Health and Safety and bringing into being the new authority being established by this Bill, it should be a stand alone section which may be commenced by ministerial decision in accordance with section 1 with which we already dealt on Committee and Report Stages. In defending this provision and in rejecting my amendment on Committee Stage, I recall that the Minister of State was most unconvincing. I hope he has had time to reflect and accept the logic of what I propose.

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