Séamus Brennan (Dublin South, Fianna Fail)

I fully acknowledge, as always, the rights and duties of Senators in pointing out what they regard as flaws in legislation.

I wish to state, in the strongest possible terms, that there is no flaw in section 12(12). Senator Browne's amendment No. 43 is not necessary. Section 12(12) was added to the Bill on Report Stage in the Dáil to address concerns that the legislation should explicitly provide that employees who continue to work at Dublin Airport "after the Dublin appointed day, shall not, while in the service of Dublin Airport Authority, be brought to less beneficial conditions" and terms, except by way of a collective agreement.

For the purposes of clarity, section 12(12) also states that "in the case of the person carrying out the duties of the Chief Executive of Aer Rianta" — such a person is also an employee, of course — the terms and conditions applicable before the Dublin appointed day "must be determined in accordance with section 29(4) of the Act of 1998", which is the relevant statutory provision.

The Schedule to the Bill amends the Air Navigation and Transport (Amendment) Act 1998 with effect from the Dublin appointed day. Accordingly, the reference to section 29(4) of the 1998 Act in section 12(12) of the Bill is correct. The reference to section 29(3) is only applicable after the Dublin appointed day.

Section 13(8) makes clear that when the Dublin Airport authority is appointing a chief executive officer following an open public competition, it must do so in accordance with section 29 of the 1998 Act, as amended by the Schedule to this Bill. That will take place after the Dublin appointed day.

I wish to state clearly that the Office of the Chief Parliamentary Counsel, the Office of the Attorney General and our outside legal advisors deliberately drafted section 12(12) in this way. There is no question of going back to spot an error, or suddenly having to amend the section. The wording of the section is the result of deliberate drafting on the part of the Office of the Chief Parliamentary Counsel, the Office of the Attorney General and our outside advisors, all of whom concur exactly with what I am saying here. There is no flaw whatsoever in section 12(12) that needs to be amended in the manner proposed in amendment No. 43. That is included in the stamped copy of the Bill provided to me by the Office of the Attorney General, the Office of the Chief Parliamentary Counsel and our outside advisers.

I acknowledge fully the rights and duties of Senators in indicating where they believe problems may exist. My job is to explain the situation.