Rónán Mullen (Independent) | Oireachtas source

I understand that Senator Carrigy has said that section 37A exists but should not have to be used and something quicker should be possible. He may well be right about that. My understanding is that is what the streamlining of section 37A is all about.

If there is a need then let us call it an emergency process, call it section 37B and make it clear that the new section is separate from section 37A. My problem with this legislation is that it is not at all clear that what is being proposed is some kind of bypassing of section 37A. The provision hangs out in the air and there is an ambiguity in the law. On reading the Bill, it could well be that the NCSE issues a direction and it must be co-operated with under this legislation. The implication of that is that section 37A is being bypassed and is to be bypassed in certain situations but if that is the case then say it, call it section 37B and call it an emergency requirement. Nobody is saying legislate the way you want for precision but this is anything but precise because one has a streamlined and cleaned up section 37A, as I understand it.I presume the Minister of State is proud of the new section 37A and would be happy to stand over it, so that is what is there. Without saying it, however, this legislation is leaving a vagueness and it is not entirely clear how this will be interpreted in future, which is not a good idea for legislation.

It seems to be saying at the same time that the patron and the board will have to co-operate with the NCSE anyway and that section 37A need not matter, even in its streamlined form. There is a position where a patron of the board is being asked to ensure co-operation by a board in circumstances where the only power it has to ensure such compliance is to sack the board, with the approval of the Minister. Is that the scenario envisaged?

I revert to my questions. Is the Minister of State happy with the way patrons are currently complying with these procedures in legislation and are they doing their best? Is the situation as I describe it?