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Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 10:In page 8, line 5, to delete “(6) An agreement” and substitute “(7) An agreement”.

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 11:In page 8, line 7, to delete “(7) In this” and substitute “(8) In this”.

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 12:In page 8, between lines 20 and 21, to insert the following:“(iv) by the substitution of the following paragraph for paragraph (d):“(d) without prejudice to the generality of section 8(4), the method of payment of the premium under section 8 and the time or times at which the premium shall be paid;”.”. I will discuss amendments Nos. 12, 19,...

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: We are allowing for premia of less than 2% in certain cases. The legislation provides for flexibility in the premia that can apply to schemes. Any premium can only be used towards defraying the costs of the operation of the scheme. A case could be made, when looking at future schemes, to take an approach to a particular sector and design a specific scheme - or if there is an attractive...

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: The 2% premium is the case for now and that is understood, but it is not expressly specified in he Bill as flexibility is required to be able to respond where needed. For example, if a particular scheme is targeted at a specific sector experiencing difficulties with structural problems, flexibility would be needed to reduce the cost of the premium, if a case could be made. Flexibility is...

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 13:In page 9, to delete lines 10 to 12 and substitute “person who has, subject to subsection (6), a controlling interest in the finance provider,”. Section 5 of the principal Act is primarily about the schemes made under the legislation to date, in 2012 and 2015. The amendments to section 5 of the Bill are primarily about making sure that any or all new...

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 14:In page 9, to delete line 39.

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 15:In page 10, line 12, to delete “and”.

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 16:In page 10, line 15, to delete “scheme applies.”.” and substitute “scheme applies, and”.”.

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 17:In page 10, between lines 15 and 16, to insert the following:“(e) the methodology referred to in section 8(1).”,”.

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No.18:In page 10, between lines 15 and 16, to insert the following:“and(d) by the insertion of the following subsections after subsection (4):“(5) (a) The Minister may require that any information referred to in subsection (2)(a) given to him or her by a person in compliance with a scheme under this section be attested as to the truth of the information by a...

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 19:In page 10, between lines 15 and 16, to insert the following: “Payment of premium to Minister by participating enterprise 6. The Principal Act is amended by the substitution of the following section for section 8:“8. (1) Subject to this section, a participating enterprise shall, in accordance with a credit guarantee scheme that applies to the enterprise...

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 21:In page 11, line 16, to delete “by this Act” and substitute “by this Part”. This is a purely technical amendment with an application provision from the Principal Act being switched into the new Part 2.

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 22:In page 11, between lines 20 and 21, to insert the following: “PART 3* COUNTER GUARANTEESDefinitions9. In this Part—“asset credit facility agreement” means an agreement (other than a loan agreement or a credit facility agreement) under which a finance provider agrees to provide to a qualifying enterprise credit in the form of tangible...

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 23:In page 11, between lines 20 and 21, to insert the following:“Power of Minister to give counter guarantees 10. (1) Subject to this section and section 11, the Minister may, in accordance with a counter guarantee scheme, enter into an agreement (in this Part referred to as a “counter guarantee agreement”) with a promotional financial institution...

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 24:In page 11, between lines 20 and 21, to insert the following:“Monetary limit on Minister’s liability 11. The Minister shall not exercise the powers conferred on him or her by section 4 of the Principal Act or section 10* in such manner as would result in the aggregate of the Minister’s liability in respect of—(a) all qualifying finance...

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 25:In page 11, between lines 20 and 21, to insert the following:“Counter guarantee schemes 12. (1) The Minister may, with the consent of the Minister for Finance and the Minister for Public Expenditure and Reform, make a scheme or schemes for the purposes of this Part.(2) Without prejudice to the generality of subsection (1), a scheme under this section may make...

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 26:In page 11, between lines 20 and 21, to insert the following:“Payment of premium to Minister by participating PFI 13. (1) Subject to this section, the participating PFI shall, in accordance with the counter guarantee scheme, pay to the Minister an amount (in this section referred to as the “premium”) determined by the Minister in accordance with...

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 27:In page 11, between lines 20 and 21, to insert the following:“Review of counter guarantee scheme 14. The Minister may, at any time, conduct a review of the operation of a counter guarantee scheme and, not later than 2 months after completing such review, make a report in writing to each House of the Oireachtas of his or her findings and conclusions resulting...

Select Committee on Jobs, Enterprise and Innovation: Credit Guarantee (Amendment) Bill 2015: Committee Stage (8 Dec 2015)

Gerald Nash: I move amendment No. 28:In page 11, between lines 20 and 21, to insert the following:“Expenses 15. The expenses incurred by the Minister in the administration of this Part shall, to such extent as may be sanctioned by the Minister for Finance, with the consent of the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.”.

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