Tommy Broughan (Dublin North East, Labour)

——and he chose to include in his amendments the phrase "with the approval of Dáil Éireann". I applaud him for that and I welcome the spirit in which it was done. However, I would not like to interfere in the operational freedom of the agency, which we want to be successful and to be in a position to carry out its work on behalf of Ireland and its people.

Amendment No. 53 relates to the functions of the chief executive. Section 20(7) states: "The chief executive shall not hold any other office or position or carry on any business, trade or profession without the consent of the directors." That provision is clear and I do not see any reason to change it.

Amendments Nos. 54 to 59, inclusive, relate to the staff and superannuation. On Committee Stage, I indicated that I would broadly prefer a report to be laid before the Oireachtas but that each action should not require the separate approval of the Houses. In respect of superannuation, Deputy Durkan may state that difficulties arose in respect of the An Post pensioners. These individuals were originally civil servants and then became employees of a State agency. They were informed that, effectively, they had lost their fundamental rights.

I received an upsetting communication last week from a person who formerly worked with the Dublin Port Company. The individual in question worked for the port for 45 or 50 years and served Dublin and Ireland very well, but discovered that the normal indexation relating to a State servant's pension is being abandoned in his case. The man is not receiving any pension increases and he feels bad about it. He is of the view that this issue, which falls under the remit of the Department of Transport, should be addressed. Where the operational freedom of the company would be affected, I would prefer if matters were not brought before Dáil Éireann.

Amendments No. 64 relates to temporary borrowings. As the Minister, Deputy Noel Dempsey, is aware, issues can arise. His predecessor, the Minister, Deputy Dermot Ahern, became upset with the ESB when its representatives went to New York to make arrangements for financing and apparently did not inform him of the fact. Nothing of that sort could happen under the provisions of section 27. In my view, the matter with which amendment No. 64 deals is covered in the Bill.

I reiterate that it is confusing to be obliged to deal with approximately 25 amendments that relate to different aspects of the new agency's operations. Unfortunately, the relevant authorities have pulled a stroke in grouping these amendments together and thereby preventing us from engaging in an adequate discussion on each one.

Amendment No. 68 in my name relates to section 31, which deals with the provision information to the Oireachtas on the performance of its functions by the new agency. It states:

(1) Whenever required to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, the chief executive shall give evidence to that Committee on all matters pertaining to the expenditure of the Agency and any of its subsidiaries.

I wanted to add there that the agency must provide for the Committee of Public Accounts an annual account of the levy and all its revenue raising activities. I stated on Committee Stage that I am not sure whether the roundabout reference there to the Committee of Public Accounts is necessary because that committee, of which three of us here were former members, is a constitutional committee. That 12-member committee is specified in the Constitution and it has a constitutional remit. It would be reasonable that all aspects of the levy which will fund NORA must also be invigilated by the Committee of Public Accounts with the Comptroller and Auditor General.

While the 0.4% levy is relatively small, it is still an important revenue raising device of Government and the fundamental revenue raising system of this company. It would be fair to add this third section and clarify that all aspects of the levy will be open to scrutiny by the Committee of Public Accounts. The Minister and the Minister for Finance have roles in the development of this, but it is important that it be specified in the legislation.

Reviewing all those amendments, first and foremost I am sympathetic towards the general principle that Deputy Durkan outlined. It is important and valid. Everybody in this House is deeply frustrated about the regulators, and how we will ensure that they are properly responsible will be a topic of discussion coming up to the general election and is in the interests of the Government and any future Government.

For example, the other day the Minister issued a statement on his Department's website that the sea-fisheries protection agency will be established in January in Clonakilty. He seemed to refer to it, rightly so given the legislation, as being the regulator and I presume it will have a significant role in all assessment of fish stocks and negotiations about fishing and, in particular, in evaluating how those stocks are exploited and sustained. It may well be the case in the future that the Minister, in accordance with the legislation, will have little influence. There has been much discussion about whether there should be a super regulator to look after the regulators. Of course the super regulator should be us. That is our function and we are correct to retain that function.

I support the spirit of Deputy Durkan's amendments, which would clearly establish the role of Dáil Éireann as the ultimate guardian of the people's rights in the management and development of this company. Where these amendments go into the day-to-day operational matters, as I stated on Committee Stage, I would be inclined to let the statutorily established NORA carry out its functions, as all the great semi-State bodies have done, and have reasonable freedom. I would not support them in that case. I strongly recommend the Labour amendment on the Committee of Public Accounts.

There are approximately 35 amendments grouped together. Deputy Durkan went to the trouble of tabling most of them and it is correct that we should debate them all.

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