Pat Gallagher (Donegal South West, Fianna Fail)

The purpose of subsection (3) is to remove any doubt about 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 that purpose are already provided for under section 15(3) of the Interpretation Act 1937. Section 17(1) provides for the making of a scheme in accordance with regulations. While the relevant regulations may in due course be amended or revoked in accordance with the provisions of the Interpretation Act 1937, technically speaking, there is no similar general power regarding schemes per se.

Subsection (3) is intended to remove any doubt in that regard by providing explicitly for the amendment or revocation of a scheme as required. It avoids the possibility of a scheme being struck down on a technicality and ensures the smooth transition from one phase of a scheme to the next in the certainty of due legal authority. I stated on Committee Stage that I was unable to accept this amendment on the advice of the Attorney General, and the same pertains today.