David Cullinane (Sinn Fein) | Oireachtas source

I move amendment No. 21:

In page 35, line 9, after “functions” to insert “and must be in accordance with section 8 and section 9".

This amendment pertains to ministerial discretion or guidelines. Section 47, which concerns the power of the Minister to give direction to the agency, empowers the Minister to give direction to the agency concerning any matter relating to this Act or other enactment or any policy or objective of the Minister or the Government. It provides that the agency shall comply with such a direction. The chief executive is mandated to inform the Minister of the measures taken by the agency to comply with the ministerial direction. Section 48 empowers the Minister to issue guidelines to the agency at any time in respect of additional policy guidance or changes in policy, as well as changes in prioritisation of business plan commitments and provides that the agency shall have regard to these guidelines in performing its functions. Essentially, this amendment seeks the simple inclusion on line 9 of page 35, after the word "functions" to insert, "and must be in accordance with section 8 and section 9".