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Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: Amendment No. 1 deals with Senator Ryan's concerns about the term "digital content" while amendment No.4 is in response to queries raised by Senator Quinn. I have provided for a definition of "publication" which includes publication by electronic means. This reflects expectations the agency will utilise modern means of communications in its dealings with the Government and the public.

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: Amendment No. 4 responds to the concerns raised by Senator Quinn. We maintained that electronic publication was not prohibited under the legislation as drafted. To avoid any doubt we extended the definition of "publication" to include the electronic mode of publication. Compellability is a different issue. Legislation cannot be prescriptive in that sense as it could lead to circumstances that...

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: These amendments allow for the variation of the area of the digital hub, as well as its extension, to allow for any future eventuality in the definition of the area of the digital hub. On foot of this amendment, the title of the section will now be changed to "extension or variation of the digital hub area" to provide for greater clarity. Amendment agreed to. Amendment No. 6 not moved....

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: As I signalled in the House on Committee Stage, this amendment spells out in greater detail the ways in which the agency may manage its property interests. While the existing provision was thought to be quite adequate, this amendment is being proposed in the interest of achieving maximum clarity in defining the commercial remit of the agency. This is as a result of us reconsidering the...

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: I indicated on Committee Stage that I would table amendments to spell out in greater detail what is already explicit in the Bill regarding the agency's commercial remit. These amendments deal with the powers of the agency arising from its functions to exploit commercial opportunities arising from its functions to receive income and to make payments. This highlights the fact that, as a...

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: The agency is one for which State funding will run out at the end of next year. After that, it will effectively be on its own with regard to availing of any possible revenue streams. From that point of view, the functions in the Bill give it a remit, in effect, to operate commercially. To make this even more explicit, subsections (5) and (6) of amendment No. 10 state that the agency may...

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: There has to be something in the legislation to allow individuals to enter into agreements with the authority. If the paragraph in question was not in the Bill, it might make this more difficult. I have endeavoured to make it more explicit and make the distinction clear as between the ending of State funding at the end of next year and the point when the agency will enter the commercial world...

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: There will be no State guarantee for the digital hub agency once the legislation has been passed and implemented. I refer the Senator to 13(2) of the Bill, which reads: The Agency or a subsidiary may, either by itself or with another person, with the consent of the Minister and the Minister for Finance, promote and take part in the formation or establishment of a company, enter into joint...

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: As stated on Committee Stage, I intend to issue a directive to the agency to address the issues of access and inclusion and to report to me on this matter. A great deal of work has already been undertaken by DMDL – the existing authority – to intervene in issues relating to educational projects. I have seen the efforts it has made in this area. There is an official whose specific job is...

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: I do not want the message to go out that the Government is against publication by electronic means. The amendments have been superseded by amendment No. 4 which states publication of any of the reports or documents specified in the legislation "includes electronic modes of publication which are capable of being read in a legible form and cognate words shall be construed accordingly." This...

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: It is not my amendment, it is one of the Senator's.

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: This is a minor technical amendment to correct a drafting error. Amendment agreed to.

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: It is the Senator's amendment.

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: I am not accepting it. Despite the confusion, it is the Senator's amendment.

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: In relation to amendment No.15, there is a normal period of six months in which to furnish business plans in case consultation with outside interests is necessary. The Senator will recall that formal consultation with a multiplicity of stakeholders is a sine qua non for the agency and we must therefore afford it adequate time and space in which to conduct it. As I outlined on Committee Stage,...

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: While I do not propose to accept the amendment, I agree that where it is in order to publish a directive it should be published electronically on the relevant website. I would like to think that will happen. Amendment No. 4 relating to the interpretation of publication is of relevance in this instance. Amendment put and declared lost.

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: I cannot. There is no provision whereby a chairman would perform the functions of the chief executive. Therefore, the proposed amendment is not required. We had this debate at the last session. Amendment, by leave, withdrawn.

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: At present, a quorum is lawfully one third of the membership. As stated on Committee Stage, that is the best arrangement possible. To expect that proportion of the board to be present at any one time is entirely reasonable.

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: We debated this matter earlier. The precedent we were following emanates from the Dublin Docklands Development Authority Act, 1997, and also the Western Development Commission. These do not require that membership of a local authority precludes a person from becoming a member of the board. The Bill is similar in that it deals with the particular locality. It is important that local...

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: Section 15(11) provides that a person convicted on indictment will cease to be a member.

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