Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

I move:

That, pursuant to Standing Order 233, Standing Order 187 is modified to provide that it be an instruction to the Committee to which the Communications Regulation Bill 2022 may be recommitted in respect of certain amendments that: the Committee has the power to make amendments to the Bill which are outside the existing subject matter of the Bill, in relation to:

i. the Digital Hub Development Agency Act 2003 to amend section 15(1) to reduce the membership of the Agency from fourteen to eight; and

ii. the Digital Hub Development Agency Act 2003 to amend section 17(3) to reduce the quorum for a meeting of the Agency from six to four;

and to change the title of the Bill, and make other consequential amendments required to take account of the change above.

The purpose of the motion is to instruct the Dáil, in Committee, that Standing Order 233(2) is modified to provide that the committee has the power to make amendments to the Communications Regulation Bill 2022 which are outside the existing subject matter of the Bill.

This is required in order that I can introduce Government amendments to the Bill on Report Stage, which I hope will take place before the end of the year. The amendments provide for a reduced membership of the agency, specifically reducing the membership the agency from 14 members to eight members and reducing the number required for a quorum for a meeting of the agency from six members to four members.

The Digital Hub Development Agency, DHDA, Act provides that the agency comprises 14 members, however, Deputies will note there have not been 14 members on the board since January 2009. Currently, there are just eight members on the board of the DHDA and the current size and composition of board, in terms of the range of experience and skills, is appropriate to the requirements of the agency over the next period. In this regard, the policy context for the amendments is the Government's decision of last year to dissolve the DHDA and to transfer its land and property assets to the Land Development Agency, LDA. The process and focus for the agency to prepare for the dissolution will necessarily be different to that required for the agency in the ordinary course of business. The dissolution process will require a period of time and these amendments are designed to allow for continuity of a strong, appropriately constituted and functioning board throughout the dissolution process and to mitigate the risk of the board becoming inquorate during the wind-down and dissolution period.

The amendment to reduce the maximum size of the board will not affect the current members and will ensure the DHDA board is maintained on a scale proportionate to the focus of its activities as it prepares for dissolution and allows it to successfully discharge its statutory functions, pending the enactment of the legislation required for its dissolution. Furthermore, the amendment to reduce the quorum for a meeting of the agency to four is designed to ensure stability and to mitigate the risk of the board becoming inquorate during the period of transition that will see the wind-down of commercial activities and, ultimately, the dissolution of the agency.

Separately, I indicated on Second Stage of the Communications Regulation Bill 2022 that it was my intention to introduce legislative amendments, to provide for the sale of the properties held by the DHDA to the LDA. However, following further consultations at the Office of the Attorney General, it was apparent that there would be significant complexities and challenges to provide for such a sale in legislation at this stage. Consequently, I have decided not to proceed with any property-related amendments and I expect the sale and acquisition of properties will be governed by the framework established by the Land Development Agency Act 2021.

In the meantime, my Department is advancing the development of the legislation required to dissolve the DHDA, and I expect this legislation will be ready for publication next year. I look forward to any contributions on this motion and I will do my best to respond to any specific questions.

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