Pat Breen (Clare, Fine Gael)
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My apologies. Unfortunately, we cannot take Report and Final Stages today. When the Bill was initiated some time ago, my Department had a different name - Jobs, Enterprise and Innovation - and is now the Department of Business, Enterprise and Innovation. That change must be given effect in the Bill, but the legislation is straightforward enough and we will return to it. If it is okay with Members, we will just take Committee Stage today. We have had great co-operation from them on the Bill to date and I am sure that we will have it again. This is just a case of an error that was not spotted, but that is what happens when one improves things. Sometimes, one forgets what one's own name used to be. My officials are working to ensure that the changes relating to my Department's former name are made in the Bill. We will return to Report and Final Stages in the near future. The changes will not take too much time and we will be able to get the Bill through.

I thank Senators for facilitating this technical Bill's passage through the Seanad. Last Thursday, I presented it to the Seanad for a Second Stage discussion. As I outlined last week, this Bill is required in order to transpose Articles 1 and 3 of Directive 2014/32 EU of the European Parliament and the Council dated 26 February 2014 on the harmonisation of the laws of member states relating to the making available on the market of measuring instruments under the recast directive. The remaining 52 articles of the directive will be transposed into Irish law by way of a ministerial regulation under section 3 of the European Communities Act 1972.

The purpose of the directive is to establish a requirement that measuring instruments must satisfy with a view to their being made available on the market or put into use.The Bill applies to the putting into use of measuring instruments that are set out in the Schedule to the Bill. These instruments are: water meters; gas meters and volume conversion devices; fuel dispensers, for example for petrol; measuring systems on road tankers; measuring systems for loading road tankers; measuring systems for milk; automatic weighing instruments; taximeters; material measures of length and capacity serving measures; and exhaust gas analysers. For all these instruments, the requirements of the Recast Directive 2014/32 EU apply for the putting into use for the purpose of levying taxes and duties and fair trading, except for exhaust gas analysers which is for the purpose of protecting the environment.

I want to make it clear to the Seanad that this Bill does not represent any change in policy and is merely required to transpose the recast directive into Irish law. These measuring instruments are the same ones as are currently subject to this type of regulation. The deadline for the transposition is overdue and in light of this the technical Bill was prioritised in the spring-summer legislative programme by the Chief Whip’s office which was published back on 17 January 2017. My Department has also consulted with the Oireachtas Joint Committee on Business, Enterprise and Innovation which decided on 21 June last that, given the urgency to have the Bill enacted, it would not undertake pre-legislative scrutiny of the Bill. I want to take this opportunity to thank the Seanad Members on that committee for their input.

By way of background to the Bill, the Attorney General’s office has advised that the optional provisions in Articles 1 and 3 of the directive must be transposed separately through primary legislation by means of a standalone technical Bill. A Schedule is attached to the Bill, setting out the categories of measuring instruments and prescribed uses to which the directive applies. All of the other articles of Directive 2014/32 EU can, however, be transposed by way of a ministerial statutory instrument, SI, by making regulations under section 3 of the European Communities Act 1972. The Bill and the SI should both come into effect on the same date by way of a ministerial commencement order.

Legal metrology is primarily concerned with measuring instruments used in trade which are themselves legally controlled. The main objective of legal metrology is to assure citizens of correct measurement results when used in trade and in commercial transactions. As I said, this is a short technical Bill to transpose Articles 1 and 3 of the directive. There are no technical changes arising from the Bill affecting the instruments concerned. The aim of the 2014 recast directive is to improve compliance with existing legislation relating to harmonised products in this area. The only additional burden on operators will be the requirement to have a more detailed and standardised itinerary of instruments. My officials have been in formal contact with the European Commission on a quarterly basis, via our Permanent Representation in Brussels, to update them on the transposition of the directive.

More recently, since the Bill commenced going through the Houses of the Oireachtas on Friday, 14 July, my officials have been updating the Commission officials informally on a weekly basis, given the possible infringement proceedings and a formal reasoned opinion from December last year. The swift passage of this technical Bill through the Dáil was started by the Tánaiste, Deputy Frances Fitzgerald, just before the summer break on Friday, 14 July 2017, at Second Stage. I handled the Committee Stage in the Dáil on Wednesday, 28 September and the Report and Final Stages were taken last Wednesday, 18 October, by my colleague, Deputy Helen McEntee, Minister of State with responsibility for European affairs. This shows clearly that we were making all efforts to transpose this overdue directive into Irish law as soon as possible.

I want to again acknowledge the supportive approach taken by Members of the Dáil, who did not table any amendments to the Bill. I also welcome the approach taken by the Seanad. As soon as the legislation has been changed it will be back here again. I do not expect any obstacles or delays when the Final Stages come through the Houses. I know that the Seanad will make some time for this so that we can finalise the Bill.

I thank the Senators for their cooperation and apologise for the error. We obviously have to have everything correct when we are putting a Bill through the Houses.

Gerry Horkan (Fianna Fail)
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When is it proposed to take Report Stage?

Jerry Buttimer (Fine Gael)
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Next Tuesday.

Gerry Horkan (Fianna Fail)
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Is that agreed? Agreed.

Gerry Horkan (Fianna Fail)
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When is it proposed to sit again?

Jerry Buttimer (Fine Gael)
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Tomorrow at 10.30 a.m.

Gerry Horkan (Fianna Fail)
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Is that agreed? Agreed.