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Seanad: National Sports Campus Development Authority Bill 2006: Committee Stage. (28 Jun 2006)

John O'Donoghue: The private sector has never been excluded from the Abbotstown development and it will not be under the legislation. It was agreed that it might be possible for a commercially minded organisation to go on site and, for example, make an offer that would be sufficiently attractive to construct an indoor arena. That may happen but I do not know because it is impossible to say. However, the...

Seanad: National Sports Campus Development Authority Bill 2006: Committee Stage. (28 Jun 2006)

John O'Donoghue: An individual or individuals may wish to make a donation to construct a facility on site. For example, Mr. McManus decided to contribute £50 million to the construction of a national stadium but that fell through when the stadium did not proceed at Abbotstown. Other generous, public spirited people may wish to make a contribution and, in those circumstances, it makes perfect sense for the...

Seanad: National Sports Campus Development Authority Bill 2006: Committee Stage. (28 Jun 2006)

John O'Donoghue: The Minister is responsible for the costs. The Government has agreed to provide €119 million in the Estimates over the next four or five years. That will be contained in the capital envelope of my Department following negotiations with the Minister for Finance, who has been very helpful and forthcoming in the construction of the first phase of the campus. There is no power for the Minister...

Seanad: National Sports Campus Development Authority Bill 2006: Committee Stage. (28 Jun 2006)

John O'Donoghue: There is no provision in the legislation to allow the Minister to make additional funding available to provide for modifications which he or she might make because there is no provision in the legislation which would allow the Minister to make such modifications.

Seanad: National Sports Campus Development Authority Bill 2006: Committee Stage. (28 Jun 2006)

John O'Donoghue: It means that the Minister approves the plans which are submitted under sections 7(3),7(4) or 7(5). Section 7(4) specifically provides that while the authority can amend the plan, if it does so, the plan must be resubmitted to the Minister for approval.

Seanad: National Sports Campus Development Authority Bill 2006: Committee Stage. (28 Jun 2006)

John O'Donoghue: There is no definition of a sports campus in the legislation. I am sure that a thesaurus or the Oxford dictionary will provide ample examples. If that fails, I presume there must be much legal authority available to precisely define what constitutes a sports campus.

Seanad: National Sports Campus Development Authority Bill 2006: Committee Stage. (28 Jun 2006)

John O'Donoghue: Section 9(3) provides that the Minister shall, in so far as is practicable and having regard to the relevant experience of the persons concerned, ensure an equitable balance between men and women in the composition of the authority. I have reflected on the issues raised by Senator Feighan and while I agree with the thrust of his proposal, I will not accept his amendment. However, I am...

Seanad: National Sports Campus Development Authority Bill 2006: Committee Stage. (28 Jun 2006)

John O'Donoghue: Unfortunately, it applies if a person has ever suffered any of these embarrassments, to use Senator Ryan's phrase. Incidentally, these are standard provisions which are included in a considerable number of Acts of the Oireachtas and beyond. The situation is as outlined by the Senator.

Seanad: National Sports Campus Development Authority Bill 2006: Committee Stage. (28 Jun 2006)

John O'Donoghue: I am afraid that I must rely on the good sense of the chairperson and members of the authority to run the authority. If the members and board of the authority do not run the authority in a business-like, sufficient and efficient manner, it would clearly be open to the Minister of the day to move in and resolve the problem. I do not envisage a situation whereby people would be appointed as...

Seanad: National Sports Campus Development Authority Bill 2006: Committee Stage. (28 Jun 2006)

John O'Donoghue: There is a statutory imperative contained in section 10(1) which categorically states the authority shall hold such and so many meetings as may be necessary for the performance of its functions. Should it fail to do so it will be in breach of its statutory duty and all of the consequences which follow would come into play.

Seanad: National Sports Campus Development Authority Bill 2006: Committee Stage. (28 Jun 2006)

John O'Donoghue: Section 18.

Seanad: National Sports Campus Development Authority Bill 2006: Committee Stage. (28 Jun 2006)

John O'Donoghue: The scheme to which the Senator refers will be devised in due course. Section 15 deals with the superannuation of the staff of the authority and the powers of the authority in that regard. Incidentally, it is standard practice for an agency of this type to prepare and operate superannuation schemes in respect of its staff. It occurs in the Irish Sports Council Act 1999, where specific...

Seanad: National Sports Campus Development Authority Bill 2006: Committee Stage. (28 Jun 2006)

John O'Donoghue: Section 16(1) sets out the situation regarding disclosure. It provides that the disclosure requirements cover members of the authority or a committee, staff members, directors or staff of a subsidiary, consultants and advisers. It also specifically provides that where such a person has a monetary or other beneficial interest in the matter under consideration by the authority, it must be...

Seanad: National Sports Campus Development Authority Bill 2006: Committee Stage. (28 Jun 2006)

John O'Donoghue: We must agree to disagree on who judges whether a matter is remote.

Seanad: National Sports Campus Development Authority Bill 2006: Committee Stage. (28 Jun 2006)

John O'Donoghue: I have a clear view on this. The test of reasonableness is successfully applied in tort and other areas of civil law all the time by judges. The test of reasonableness is even applied in the criminal law where a person must be found guilty beyond a reasonable doubt. If it can be used as a determinant in murder cases, I feel sure it can be used as a determinant or benchmark when dealing with...

Seanad: National Sports Campus Development Authority Bill 2006: Committee Stage. (28 Jun 2006)

John O'Donoghue: Section 17 deals with restrictions on the unauthorised disclosure of confidential information and provisions on the disclosure of information in respect of bodies such as this authority. Section 23 brings the authority under the terms of the Freedom of Information Act. It would be quite unusual and inappropriate for me to introduce a confessor for the authority.

Leaders' Questions. (28 Jun 2006)

John O'Donoghue: All around the mulberry bush.

Leaders' Questions. (28 Jun 2006)

John O'Donoghue: Fascism.

Leaders' Questions. (28 Jun 2006)

John O'Donoghue: Fascism.

Written Answers — Equal Opportunities Employment: Equal Opportunities Employment (27 Jun 2006)

John O'Donoghue: Under the Disability Act, 2005 my Department is required to ensure that not less than 3% of persons employed by it are persons with disabilities. Currently over 4% of staff in my Department are persons with disabilities. My Department is fully committed to the employment of persons with disabilities, where possible, and is fully aware of the requirements of the Disability Act 2005 in this...

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