Michael McCarthy (Labour)

I move amendment No. 4:

In page 4, line 24, to delete "Department" and substitute "Minister".

I wish to reiterate the case I made on Committee Stage regarding these amendments. I have obtained advice from senior counsel on this issue in the interim. The Department of Agriculture and Food is not a legal entity. The Minister is the legal corporate entity and, accordingly, the section should refer to moneys due by the Minister to a person. On Committee Stage the Minister stated:

My Department is the competent authority for purposes of EU funding. As many of the payments to farmers have been partially funded by the Exchequer and co-funded by the EU, the advice of the Office of the Parliamentary Counsel is that the Department is the correct legal entity.

This does not address the basic point I raised which is that under Irish law the Minister is the appropriate legal entity. The Public Service Management Act 1997 provided for Departments to be given legal status. Will the Minister clarify whether she is relying on that provision?