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Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: I expect we will have some very interesting debates at the committee. On the Deputy's last point, I hope I will prove to be a courageous Minister but not a foolhardy one. I do not want to put myself at hazard personally for robbing people of their money if I have no legal authority to make such decisions. One must be guided in reasonable measure by legal advice on what one can do. The...

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: I move amendment No. 7: In page 6, line 10, to delete "Constitution." and substitute the following: "Constitution; "statutory instrument" has the same meaning as it has in the Interpretation Act 2005.".

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: I move amendment No. 8: In page 6, subsection (1)(h), line 25, to delete "which" and substitute "whom".

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: I move amendment No. 9: In page 6, lines 34 and 35, to delete subsection (2). Amendment agreed to.

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: I move amendment No. 10: In page 7, to delete lines 19 to 26 and substitute the following: "(e) a company or body under the control, within the meaning of section 11 of the Taxes Consolidation Act 1997, of— (i) a company to which paragraph (b) applies, (ii) a subsidiary to which paragraph (c) applies, (iii) a body to which paragraph (a) or (d) applies, or (iv) a public service body to which...

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: The amendment relates to making officers available to assist the Minister for Finance in matters relating to the granting of tax relief, and a requirement that proposals for tax relief also require a statement on how the tax relief would relate to public expenditure policy. Notwithstanding the reorganisation and division of the former Department of Finance, officials working in the new...

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: Yes.

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: Responsibility for taxation matters will remain with the Minister for Finance. Issues to do with amending taxation law will be brought to the Cabinet by the Minister for Finance, although obviously there will be consultation with me on its impact. For example, if either a taxation matter or a matter to do with appropriation-in-aid would impact on the total volume of expenditure in respect...

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: That is correct.

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: I move amendment No. 22: In page 10, line 20, to delete "in so far only as" and substitute "to the extent that".

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: I move amendment No. 23: In page 11, between lines 21 and 22, to insert the following subsection: "(4) (a) Any shares or stock issued to the Minister for Finance by a public body and registered in his or her name or held in trust on his or her behalf by any person, in accordance with a relevant enactment, shall on the appointed day, stand transferred to the Minister or be held in trust on...

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: I move amendment No. 24: In page 11, subsection (1), line 24, to delete "year" and substitute "financial year".

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: If it is helpful I can reply to it first.

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: This amendment proposed by the Deputy opposite will give the Minister for Finance the function of making recommendations as to the level of appropriations-in-aid that should be raised. Appropriations-in-aid are receipts that accrue directly to Departments or their agencies and which may be retained by those bodies, to offset the cost of delivering services, rather than submitted to the...

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: I move amendment No. 26: In page 12, subsection (4), lines 34 and 35, to delete paragraph (a) and substitute the following: "(a) for the purposes of— (i) the Presidential Establishment Acts 1938 to 1991, or (ii) an enactment specified in Part 2 of Schedule 3, and". The other amendments being taken with amendment No. 26 are a list of other enactments that are all encompassed. Although it...

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: There are a variety of ways depending on the specific legislation referred to in terms of process. For example, section 16 Part 2 of Schedule 3 lists a number of enactments under which the Minister for Finance shall not pay moneys out of the Central Fund unless it is specifically requested by the Minister for Public Expenditure and Reform. There are other areas where I would make the...

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: I am sure no one has counted the number. These matters arise daily. Any request for expenditure from the Central Fund will be made to the Exchequer section of the Department of Finance. This procedure will continue, but the request will be made by the Minister for Public Expenditure and Reform. It will not generate any great new bureaucratic difficulty. It might lead to better oversight...

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: I move amendment No. 27: In page 12, subsection (4)(b), line 37, to delete "that enactment" and substitute "those Acts apply or that enactment".

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: The order of 1980 refers only to transfer orders under section 4. I have consulted the Office of the Parliamentary Counsel and do not believe it is necessary to refer specifically to the section in this provision. For drafting purposes, the amendment in the name of Deputy Sean Fleming has proved helpful. He has obviously been thorough and I commend him for making this suggestion. When the...

Ministers and Secretaries (Amendment) Bill 2011: Committee and Remaining Stages (23 Jun 2011)

Brendan Howlin: I move amendment No. 29: In page 13, subsection (2), line 6, to delete "consult" and substitute "consult with each other". Section 17 relates to the functions of economic planning and development that may be performed by the Minister for Finance or the Minister for Public Expenditure and Reform. The amendment clarifies that the Ministers should consult each other in the performance of these...

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