David Norris (Independent) | Oireachtas source

It seems to me that the significant amendment is amendment No. 99. In general, I find myself in agreement with the Government and the Minister. I expect to be in a position to support the amendment if it is put to a vote because it presumes an agreement between local authorities. It is not a direction from the Minister. It happens at local level and that is simply co-operation and good big business practice and organisations sharing back-office services including accounting and so on. That seems to me to be eminently sensible.

I have one question. Why is the phrase “and be deemed always to have had the power to perform the function on behalf of” when that was plainly not the case? The power will not be conferred until this Act passes. I am unsure why that phrase is included because it seems to be against reason. We are putting it in because the power referred to was not previously available. I do not see how we can possibly deem those concerned to retrospectively to have had the power. I suggest the Minister might consider taking that phrase out and leaving it as it is. The parties will still be able to do whatever they want, they will still be able to co-operate. I see no need for what appears to me to be - perhaps because I do not understand the subtleties and technicalities - unnecessary provisions retrospectively.