Brendan Howlin (Wexford, Labour)

I move amendment No. 73:

In page 14, before section 24, to insert the following new section:

24.—(1) Section 16 of the Act of 1983 is amended by the substitution, in subsection (1), of "with the consent of the Minister for Public Expenditure and Reform" for "with the consent of the Minister for Finance and, where appropriate, the consent of the Minister for the Public Service".

(2) Section 17 of the Act of 1983 is amended by the substitution of "with the consent of the Minister for Public Expenditure and Reform" for "with the consent of the Minister for Finance and, where appropriate, the consent of the Minister for the Public Service".

(3) Section 24 of the Act of 1983 is amended by the insertion, in subsection (1), of ", with the consent of the Minister for Public Expenditure and Reform," after "shall".

(4) Section 27 of the Act of 1983 is amended—

(a) in paragraph (a) of subsection (1), by the insertion of ", the Minister for Public Expenditure and Reform" after "the consent of the Minister", and

(b) in subsection (2), by the insertion of "and the Minister for Public Expenditure and Reform" after "the consent of the Minister for Finance".

(5) Section 29 of the Act of 1983 is amended—

(a) in subsection (1), by the substitution of the following paragraph for paragraph (a):

"(a) The Minister for Finance may, on the request of the Minister for Public Expenditure and Reform and after consultation with the Minister, make available to the postal company a sum not exceeding €63,500,000 to finance capital works.",

and

(b) in subparagraph (i) of paragraph (b) of subsection (1), by the insertion of "following consultation by him with the Minister for Public Expenditure and Reform," after "determined by the Minister for Finance,".

(6) Section 31 of the Act of 1983 is amended, in subsection (1), by the substitution of "Upon the request of the Minister for Public Expenditure and Reform, the" for "The".

(7) Section 46 of the Act of 1983 is amended, in subsection (9) (amended by section 11 of the Telecommunications (Miscellaneous Provisions) Act 1996), by—

(a) the substitution of "Minister for Finance shall, on the request of the Minister for Public Expenditure and Reform," for "Minister for Finance shall", and

(b) the substitution of "with the consent of the Minister for Public Expenditure and Reform" for "with his consent".

(8) The Second Schedule to the Act of 1983 is amended by the substitution, in subparagraph (2) of paragraph 3, of "the Minister for Public Expenditure and Reform, with the approval of the Minister for Finance, shall" for "the Minister for Finance shall".".

The amendment provides, in regard to section 16 of the Postal and Telecommunications Services Act 1983, that the articles of association of An Post and Bord Telecom Éireann shall be in such form as may be approved by the line Minister with the consent of the Minister for Public Expenditure and Reform. The amendment also provides, in respect of section 17 of the 1983 Act, that no alteration in the memorandum of association or articles of association of either An Post or Telecom Éireann shall be valid or effectual unless made with the prior approval of the line Minister, given with the consent of the Minister for Public Expenditure and Reform.

The provision relating to section 24 of the 1983 Act states that all moneys required by the line Minister to meet payments required to be made by him or her in respect of shares taken by him or her shall, with the consent of the Minister for Public Expenditure and Reform, be advanced to him or her by the Minister for Finance out of the central fund or the growing produce thereof. The provision in respect of subsection 27(1)(a) of the 1983 Act stipulates that An Post and the board of Telecom Éireann may borrow money for capital purposes but where a borrowing is not from the Minister for Finance, the consent of the line Minister, the Minister for Public Expenditure and Reform and the Minister for Finance is required.

The amendment also provides, in regard to subsection 27(2) of the 1983 Act, that An Post and Bord Telecom Éireann may borrow money temporarily but that the aggregate at any one time of such borrowing shall not exceed such amount as may be provided by the line Minister with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform. I will not waste time by going through the remaining provisions of the amendment. In essence, it provides for a role in all of this for the Minister for Public Expenditure and Reform.

See this speech in context