Dermot Ahern (Louth, Fianna Fail)

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 commercial body, the agency will be obliged to obtain revenue from its activities. The amendment to subsection (1)(a) reflects the fact that in some instances it would be more appropriate for the agency to take a direct role in procuring land or property for the digital hub and in carrying out construction and maintenance works as opposed to using PPPs.

While I am satisfied that, as it stands, the Bill would confer all the necessary powers to the agency, it has been decided to include two further amendments to subsection (1), at paragraphs (h) and (i), which will outline in greater detail the powers of the agency to partner the private sector in order to fulfil its commercial remit. These deal specifically with the agency's powers to enter into agreements for the purpose of developing the hub, including agreements for funding. A further three amendments, which will add three new subsections to section (8), will outline what is already implicit in the Bill regarding the agency's commercial remit. The new subsections (5) and (6) will deal with the powers of the agency arising from its functions to exploit commercial opportunities and to receive income and make payments. This highlights the fact that the agency, as a commercial body, will be obliged to obtain its revenue from its own activities.

The new subsection (7) complements the provision at section 9(6) which gives retrospective sanction to any agreements entered into by the company prior to the enactment of the Bill. These new provisions will make the statutory underpinning for these aspects of the agency's functions as explicit as possible to take into account the perception of the project by potential commercial partners. It will strengthen the PPP process and the standing of the agency in the eyes of the market. The amendments are in line with current legislative precedents such as the State Authorities (Public Private Partnership Arrangements) Act and the Transport (Railway Infrastructure) Act.