Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

I move: "That the Bill do now pass."

This is a short Bill to address matters concerning bodies established under the Local Government Services (Corporate Bodies) Act 1971. Following the advice of the Attorney General in regard to the Health (Corporate Bodies) Act 1961 and the subsequent passing of the Health (Miscellaneous Provisions) Act 2007, the Attorney General advised that the possible unconstitutionality of section 3 of the 1961 Act in regard to health-related bodies also extended to local government bodies established under section 3 of the 1971 Act. This arises as the 1971 Act contains similar provisions found in the 1961 Act.

It is not a question of any of seven existing corporate bodies concerned having no legal basis. I assure the House that all bodies were properly constituted under the 1971 Act by way of statutory instruments. However, given the advice and recommendations from the Attorney General, the Bill before the House is required to confirm the establishment orders made for existing corporate bodies. Deputies will appreciate that given the importance of bodies established under the 1971 Act to the local authority service, it would not be appropriate to allow any doubt to exist in this matter. Enactment of the Bill is desirable to confirm the establishment orders of the seven existing bodies in primary legislation.

The Bill clarifies the areas covered by the Limerick northside and southside regeneration agencies and provides for two additional appointments to the board of each agency, one a staff member of FÁS and the other a member from the local community or local business community. The publication of this short Bill follows advice from the Attorney General to ensure there is no uncertainty attaching to the seven existing bodies established under the 1971 Act and follows the same provisions contained in the Health (Miscellaneous Provisions) Act 2007, which the House agreed last December. The Bill was agreed without dissent by the Seanad and also by this House on Second and Committee Stages. No amendments were tabled in either House. Consequently, I respectfully ask the House to agree to the passing of the Bill.

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