Noel Dempsey (Meath, Fianna Fail)

I move amendment No. 6:

In page 3, to delete lines 15 to 19 and substitute the following:

"(2) Sections 4, 6, 8, 11 to 14 and 18 of this Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions.".

This is a minor technical amendment. It specifies which provisions of the Bill are not to be brought into effect on its enactment but which are to be brought into effect by means of a ministerial order instead. In effect, this is a reversal of the provisions of the current text of section 1, which highlights those sections brought into effect on enactment. Therefore, we are just switching it around because we think it is easier.

Several of the new amendments to the Bill will need to be brought into effect immediately on its enactment. For example, the amendment allows for such matters as the power of Bord Gáis Éireann to create capital stock, increasing the borrowing limits of Bord na Móna and the rehabilitation of mine sites, to come in automatically.

Following consideration of the issues raised by Members on Committee Stage and because there is no administrative barrier to prevent it, it has also been decided to bring certain provisions — for example, those governing emergency measures and policy directions to the CER — into effect immediately on enactment.

The use of the ministerial order should, where possible, be restricted to those provisions which are dependent on preparatory work for their successful implementation and which are therefore unsuitable for bringing into effect on enactment of the Bill — for example, the regulation of electrical contractors and gas installers.

By specifying which provisions require such an order, rather than those that do not, it serves as a useful checklist for those responsible for drafting such orders. We believe this will make the procedure much clearer.

See this speech in context