Dáil debates

Wednesday, 5 July 2006

National Economic and Social Development Office Bill 2002: From the Seanad.

 

11:00 pm

Photo of Tom KittTom Kitt (Dublin South, Fianna Fail)

I would be very happy to do that with the agreement of the Leas-Cheann Comhairle. Amendment No. 1 is to section 1 of the Bill, which contains the list of definitions. It proposes to delete the words "unless the context otherwise requires" from line 27, which I am advised by the Parliamentary Counsel are no longer required as a result of the Interpretation Act.

Amendment No. 2 reads "Section 5: In page 6, line 22, "by the Taoiseach" deleted." The purpose of this amendment is to delete the words "by the Taoiseach" from section 5 of the Bill, which deals with expenses incurred in the administration of this Act. I am advised that this amendment will make the Bill consistent with the similar section 6 of the Statistics Act 1993, which also comes under the responsibility of the Department of the Taoiseach.

Seanad amendment No. 3 reads as follows:

Section 20: In page 13, subsection (2), lines 40 to 42, paragraph (a) deleted and the following new paragraph substituted:

"(a) paragraphs (a) and (b) do not apply to a member of the Forum to whom section 15(3)(a) applies who is nominated as a member of Seanad Éireann or is elected as a member of either House of the Oireachtas, and".

We have done this to make sure we cover the position of those who are nominated as Members of the Seanad.

Seanad amendment No. 4 reads, "In page 14, subsection (4), line 20, "member or" deleted." That is just a tidying up exercise.

Seanad amendment No. 5 reads:

In page 14, subsection (4), line 21, "Forum" deleted and "Forum (subject to subsection (5))" substituted.

Seanad amendment No. 6 reads:

In page 14, between lines 23 and 24, the following new subsection inserted:

"(5) Subsection (4) does not apply to a person, who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein, to whom section 15(3)(a) applies being appointed under section 15(2) as a member of the Forum.".

This is probably the most significant amendment. It came from a proposal by Senator Ryan in the other House. I thank him again for alerting me to this matter.

Seanad amendment No. 3 proposes a small but important change to section 22(a). This subsection makes an exception in the case of the forum to the requirement contained in section 21 that a member of the council, forum or centre who becomes a public representative, must cease to be such a member. The amendment is required to include Senators who are nominated in addition to those who are elected.

The purpose of Seanad amendment No. 4 is to delete the words "member or" from subsection (4). The Parliamentary Counsel has advised that these words are superfluous.

Seanad amendment No. 5 is required to refer in subsection (4) to a proposed new subsection (5).

Seanad amendment No. 6 proposes that the new subsection (5) be inserted. The purpose of that new subsection is to make an exception to persons who are, for the time being, entitled to sit in either House of the Oireachtas and to whom section 15(3)(a) applies, from being disqualified from membership of the forum. This is an important amendment as otherwise there would be a contradiction in the Bill between section 15(3), which defines the composition of the forum and requires that 15 members of the forum shall be Members of either Dáil Éireann or Seanad Éireann, and section 24 which would otherwise disqualify elected Members from membership of the forum. This amendment comes to the heart of the issue raised by Senator Ryan in the Seanad. We are accepting that there was a contradiction there and we are putting forward this amendment to rectify it. I thank Members of the Seanad for proposing these amendments, which I commend to this House.

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