Dáil debates

Tuesday, 17 July 2012

Residential Institutions Statutory Fund Bill 2012: Report Stage

 

6:00 pm

Photo of Ruairi QuinnRuairi Quinn (Dublin South East, Labour)

I move amendment No. 1:

In page 7, between lines 11 and 12, to insert the following:

" "terms" in relation to a relevant trust means terms whether or not in writing;".

Amendments Nos. 1 and 29 are essentially technical in nature, and simply move the definition of "terms" from section 42 to section 2. This change is required because the expression "terms" also appears in section 29 of the Bill. Therefore, it is more appropriate that it be defined in the general interpretation section, namely, section 2. Consequently, amendment No. 29 deletes the text of the definition of "terms" from section 42.

The remaining seven amendments are also amendments of a technical nature that amend sections 29 and 42. These sections facilitate the making of contributions by relevant trusts, which are defined as the congregations that were party to the 2002 indemnity agreement, or those charities that manage scheduled institutions. The existing text provides that the trusts can make contributions, notwithstanding that this may not be authorised by the terms of the trust. These amendments extend the provisions to allow contributions to be made where it may be inconsistent with the charitable purposes of the trust. These provisions are being made to address concerns raised by some congregations in discussions with the Department.

Amendments Nos. 26 and 27 provide consequential clarifications and are necessary to ensure there is no confusion about the word "purpose", which appears in sections 42(2) and 42(3). I am satisfied that these provisions are necessary and that they will further assist congregations in making contributions towards the cost of redress.

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