Pat Gallagher (Donegal South West, Fianna Fail)

I have studied the amendment and appreciate the point Senator Bannon makes. I have consulted on the matter with the Office of the Attorney General.

The purpose of subsection (3) is to remove any doubt as to the power of the Minister to amend or revoke a scheme of financial assistance. It is unnecessary to insert such a provision regarding the amendment or revocation of regulations as the necessary powers for this purpose are already provided under section 15(3) of the Interpretations Act 1937. Section 17(1) provides for the making of a scheme in accordance with regulations and where the relevant regulations may in due course be amended or revoked in accordance with the provision of the Interpretations Act. Technically speaking there is no similar general power as regards schemes per se. Subsection (3) is intended to remove any doubt in this regard by providing explicitly for the amendment or revocation of a scheme as required. In the circumstances, I am unable to accept the amendment.

Senator Bannon will be aware that the intent of his amendment is already covered by the general power given to the Minister as regards amendments or revocation of regulations under the Interpretation Act 1937.