Written answers

Tuesday, 15 February 2005

Department of Justice, Equality and Law Reform

Disability Bill 2004

9:00 pm

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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Question 409: To ask the Minister for Justice, Equality and Law Reform the companies that have been established under the Companies Acts 1963 to 2001 as outlined in the Disability Bill 2004; and if he will make a statement on the matter. [4640/05]

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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Question 424: To ask the Minister for Justice, Equality and Law Reform the persons, bodies or organisations other than the Defence Forces established or under any enactment, other than the Companies Acts 1963 to 2001 as set down in section 2 of the Disability Bill 2004; and if he will make a statement on the matter. [4643/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 409 and 424 together.

Section 2 of the Disability Bill defines "public body" for the purposes of the Bill. The definition includes Departments and offices, local authorities and health boards — paragraphs (a) to (g) of the definition.

The part of the definition which is the subject of the Deputy's questions relates to paragraph (h) as follows:

(h) a person, body or organisation (other than the Defence Forces) established—

(i) by or under any enactment (other than the Companies Acts 1963 to 2001), or

(ii) under the Companies Acts 1963 to 2001, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of the Government or shares held by or on behalf of a Minister of the Government;

The broad range of bodies encompassed by paragraph (h)(i) of the definition are all those established by or under enactment, other than the Companies Acts 1963 to 2001. Examples of such bodies are: the Broadcasting Commission of Ireland established under the Radio and Television Act 1988; the Central Statistics Office established under the Statistics Act 1993; the National Disability Authority established under the National Disability Authority Act 1999; the Courts Service established under the Courts Services Act 1998; and the Legal Aid Board established under the Civil Legal Aid Act 1995.

The range of bodies encompassed by paragraph (h)(ii) are those established under the Companies Acts, in pursuance of powers conferred in other enactments, and aided financially by the State. Examples are Dublin Bus, Bus Éireann and Iarnród Éireann which were established by powers conferred under the Transport (Re-organisation of Coras Iompar Éireann) Act 1986.

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