John O'Donoghue (Kerry South, Fianna Fail)

As already stated, most provisions in relation to Bord Fáilte's accommodation functions will be unaffected by the Bill. The clause under discussion reflects existing provisions which will remain in the Tourist Traffic Acts and I intend to reflect the provisions of the Acts in the Bill in order to avoid unintended consequences. The text of this legislation is specifically worded to link directly into the existing text relating to the listing of premises by Bord Fáilte, which is contained in section 9 of the Tourist Traffic Act, 1957. The terms "registered" and "unregistered" are the terms used in the Tourist Traffic Acts. Section 9 of the 1957 Act says that

Subject to subsection (2) of this section, the Board may, whenever and so often as it thinks fit, publish or cause to be published a list of premises which provide accommodation for tourists but which are not registered by the Board, and may include in any such list in respect of any premises mentioned therein such information as the Board thinks proper in relation to the accommodation available, the charges made therefor and any other matters of interest to tourists. No premises shall be included in a list published pursuant to subsection (1) of this section except at the request or with the consent of the proprietor of the premises, and no information shall be given in any such list in relation to any premises mentioned therein save with the consent of the proprietor of the premises.

There can be a great deal of perfectly understandable confusion among the public about the difference between registration, listing and grading. I will briefly explain these concepts. Bord Fáilte is legally required to maintain a register of the types of accommodation mentioned in subsection 1(c). Under the Tourist Traffic Act, 1957, Bord Fáilte is allowed to publish lists of unregistered accommodation. Lists of bed and breakfasts and individual self-catering units are published each year with the voluntary co-operation of the providers of such accommodation. The Act makes it clear that accommodation providers have the right to opt out of a decision by Bord Fáilte to publish such a list.

It is often suggested that co-operation with the system should be made mandatory and that Bord Fáilte should crack down on the unapproved sector. Under section 9 of the Tourist Traffic Act, 1939, Bord Fáilte is allowed to grade the premises registered with it in such a manner as it thinks proper. The terms used in the grading of hotels range from one to five stars.