Fergus O'Dowd (Louth, Fine Gael) | Oireachtas source

I refer the Senator to section 6 of the Bill, which pertains to the transfer of functions to the EPA. Section 6(1) reads "All functions that, immediately before the dissolution day, were vested in the dissolved body by or under any enactment shall on that day stand transferred to the [EPA]". Section 6(2) states "References in any enactment ... passed before the dissolution day, or in any instrument made before the dissolution day under an enactment, to the [RPII] shall, on and after the dissolution day, be construed as references to the Agency". Section 6(3) specifies that references in any enactment or in any instrument under an enactment that obtained immediately before the dissolution day will be construed as references to the new body. Consequently, I wish to state categorically to the Senator that all the legal and functions and powers mentioned and any powers that attach presently to the RPII are transferred 100% with no diminution whatsoever to the EPA. There is no issue in this regard and I ask the Senator to reconsider this matter.

On the other points made by the Senator regarding the cost effectiveness of the measure, the 1992 Act set out that the agency shall consist of a director general and four other directors but this will increase to five post-merger. Consequently, there will be a director within the EPA who has the responsibility for the office of radiological protection. That is clear accountability at senior management level for radiological protection. It will be the function of the director general of the new merged organisation to arrange the distribution of the business among its directors but this must be done having regard to the statutory functions and requirements, that is, the legal functions and obligations.

I assure the Senator there will be no diminution of powers. Accordingly, it would not be appropriate or desirable to prescribe the divisional organisation of the EPA or to confer one of the offices with a pre-eminent or differentiated status. None the less, the EPA board, including the director of the new Office of Radiological Protection, will have to continue to ensure that sufficient resources and effort are being directed to meet all of the merged bodies’ functions. I have full confidence that it will manage its expertise and resources accordingly.

During the course of the Second Stage debate on this Bill in the Dáil, Deputy Kitt stated: "[T]he proposed merger makes sense and I support the legislation. The EPA has the capacity and experience to undertake the work currently under the Radiological Protection Institute of Ireland". He went on to state: "[T]he advisory, research, licensing and educational role of the Institute can be adequately performed within the framework of the EPA". I fully agree with the Deputy in this instance. I hope this clarifies the issue and demonstrates the unanimous support for it in the other House.