Brendan Howlin (Wexford, Labour)

Deputy Fleming wishes me to comment on amendment No. 7. This is a technical amendment that allows for the substitution of "have such reference" for "so relate" in relation to the name of the Minister in any legal proceedings. I understand the Deputy is discussing the substance of the section as opposed to the Seanad amendment which is the technical matter to be discussed.

The amended section states:

11.—Where, immediately before the appointed day, any legal proceedings are pending to which the Minister for Finance is a party and the proceedings have reference to functions transferred by this Act, the name of the Minister shall, to the extent that they have such reference, be substituted for the Minister for Finance in those proceedings and the proceedings shall not abate by reason of such substitution.".

In essence it is simply that where legal proceedings are underway, the legal documents are amended to refer to this Minister, the Minister for Public Expenditure and Reform as opposed to the Minister for Finance, where appropriate where those functions are now being taken over by my Department.

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