Committee Reports > List of Committees > Dáil > 1995 > Select Committtee on Social Affairs > Report - Select Committtee on Social Affairs, For the period 7 April, 1993 to 31 December 1994

APPENDIX IV

Report and Proceedings of the Select Committee

(a) First Meeting of the Select Committee

(b) Bills

(i)Matrimonial Home Bill, 1993

(ii)Social Welfare (No. 2) Bill, 1993

(iii)Social Welfare Bill, 1994

(iv)National Monuments (Amendment) Bill, 1993

(v)Maternity Protection Bill, 1993

(vi)Regional Technical College (Amendment) Bill, 1994

(vii)Dublin Institute of Technology (Amendment) Bill, 1994

(c) Estimates for the Public Service (1993)

(i)Votes 42-44 (Arts, Culture and the Gaeltacht)

(ii)Votes 26-29 (Education Group)

(iii)Vote 41 (Health)

(iv)Vote 40 (Social Welfare)

Supplementary Estimates

(v)Vote 41 (Health)

(vi)Votes 26-29 (Education Group)

(vii)Vote 40 (Social Welfare)

(d) Estimates for the Public Services (1994)

(i)Votes 26-29 (Education Group)

(ii)Vote 41 (Health)

(iii)Votes 42-44 (Arts, Culture and the Gaeltacht)

(iv)Vote 40 (Social Welfare)

(a) An Chéad Chruinniú den Roghchoiste

(a) First Meeting of the Select Committee

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Déardaoin, 13 Bealtaine, 1993

Thursday, 13th May, 1993

1. The first meeting of the Select Committee was held at 3.30 p.m.

2. Members Present:

The following members were present:

Deputies Theresa Ahern, Allen, Bell, Briscoe*, Broughan*, Byrne*, Davern, de Valera, Brian Fitzgerald, Flaherty, Flanagan, Jim Higgins, Seán Kenny, McDowell*, McGinley*, McManus, Moffatt, Morley, Moynihan, Moynihan-Cronin, O’Donnell, O’Hanlon, Pattison, Power*, Quill and Brendan Smith*.

3. Election of Chairman.

Motion made (Deputy Bell).

“That Deputy Pattison be the Chairman of the Committee”.

Question put, and agreed to.

Deputy Pattison took the Chair accordingly.

The Committee deliberated.

It was agreed that:

Adjournment.

The Select Committee adjourned at 4.45 p.m. until 10.30 a.m. on Friday, 21st May, 1993.

(b) Billí

(b) Bills

(i) AN BILLE UM THEACH AN PHÓSTA, 1993.

MATRIMONIAL HOME BILL, 1993.

REPORT

The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.

(Signed) SÉAMUS PATTISON,

Chairman.

20th September, 1993.

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Déardaoin, 15 Iúil, 1993

Thursday, 15th July, 1993

1. The Committee met at 11 a.m.

2. Members Present.

The following members were present:—

Deputy Pattision (in the Chair), the Minister for Equality and Law Reform, Deputies Theresa Ahearn, Allen, Bell, Bradford, Matt Brennan, Briscoe*, Costello*, Creed, Davern, Flaherty, Flanagan, Pat Gallagher, Harney*, Jim Higgins, Seán Kenny, McManus, Gay Mitchell*, Moffat, Morley, Moynihan, Moynihan-Cronin, O’Donnell, O’Hanlon, Eoin Ryan, Shatter*, Shortall and Mary Wallace.

3. Consideration of Bill.

The Committee took the Bill into consideration.

(i) Section 1.

Amendment proposed (Deputy O’Donnell):

“In page 3, lines 15 and 16, to delete subsection (2) and substitute the following:

‘(2) This Act shall come into operation on a day that is prescribed by the Minister but not later than 3 months after the date of its passing.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Minister for Equality and Law Reform):

“In page 3, subsection (2), line 15, to delete ‘section 7’ and substitute ‘sections 2 and 7, subsections (1) and (4) of section 11 and sections 24 and 26’.”

Amendment proposed to the proposed amendment (Deputy Shatter):

“In the last line to delete “sections 24 and 26” and substitute ‘Part III’.”

Amendment to the proposed amendment agreed to.

Main amendment, as amended, agreed to.

Amendment proposed (Deputy Shatter):

“In page 3, subsection (2), line 16, to delete ‘6 months’ and substitute ‘3 months’.”

Amendment agreed to.

Section, as amended, agreed to.

(ii) Section 2.

Amendment proposed (Minister for Equality and Law Reform):

“In page 3, subsection (1), line 23, to delete ‘assent,’.”

Amendment agreed to.

Amendment proposed (Deputy O’Donnell):

“In page 3, subsection (1), line 26, after ‘conveyance’ to insert ‘and the word “convey” shall be construed accordingly’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy McManus):

“In page 4, subsection (1), line 2, after ‘not’ to insert ‘and, in the case of a farm, “dwelling” means the land providing access for vehicles and pedestrians to the dwelling along with any gardens and car parking ancillary to it’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy McManus):

“In page 4, subsection (1), line 7, after ‘dwelling’ to insert ‘or dwellings’.”

Question put:— the Committee divided: For, 11; Against, 14.

For:—Deputies Theresa Ahearn, Allen, Bradford, Creed, Flaherty, Harney, Jim Higgins, McManus, Gay Mitchell, O’Donnell and Shatter.

Against:—Minister for Equality and Law Reform, Deputies Bell, Matt Brennan, Davern, Pat Gallagher, Seán Kenny, Moffat, Morley, Moynihan, Moynihan-Cronin, O’Hanlon, Pattison, Eoin Ryan and Shortall.

The question was declared negatived accordingly.

Amendment proposed (Deputy Shatter):

“In page 4, subsection (1), line 8, to delete ‘immediately’.”

Debate ensued.

Further consideration of the Bill adjourned.

4. Meeting Suspended.

Ordered: That the Meeting be now suspended until 2 p.m.

The Meeting was accordingly suspended at 1 p.m.

The Meeting was resumed at 2 p.m.

5. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 2.

The following amendment had been proposed by Deputy Shatter on this day:

“In page 4, subsection (1), line 8, to delete ‘immediately’.”

Amendment, by leave, withdrawn.

Amendment proposed (Minister for Equality and Law Reform):

“In page 4, subsection (1), line 24, to delete ‘or would become’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 4, subsection (1), line 25, to delete ‘he’ and substitute ‘the spouse’.”

Amendment agreed to.

Amendment proposed (Deputy Shatter):

“In page 4, between lines 27 and 28, to insert the following subsection:

‘(2) Reference in this Act to an interest in a matrimonial home shall include a legal or beneficial interest in shares held in a company where the legal or beneficial interest in a property in which a married couple ordinarily reside is vested in such company.’.”

Amendment, by leave, withdrawn.

Section, as amended, agreed to.

(ii) Section 3 agreed to.

Further consideration of the Bill adjourned.

6. Adjournment.

The Committee adjourned at 4.30 p.m. until 11 a.m. on Wednesday, 8th September, 1993.

Dé Céadaoin, 8 Meán Fómhair, 1993

Wednesday, 8th September, 1993

1. The Committee met at 11 a.m.

2. Members Present.

The following members were present:—

Deputy Pattision (in the Chair), the Minister for Equality and Law Reform, Deputies O’Dea (Minister of State at the Department of Justice)†, Theresa Ahearn, Michael Ahern, Allen, Bell, Bradford, Matt Brennan, Broughan*, Connor, Creed, Davern, Frances Fitzgerald, Flaherty, Seán Kenny, Michael P. Kitt, Leonard, McDowell**, McManus, Gay Mitchell*, Moffat, Moynihan, Moynihan-Cronin, O’Donnell, O’Hanlon, Ned O’Keeffe**, Quill, Shatter*, Shortall and Mary Wallace.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 4.

Amendment proposed (Deputy O’Donnell):

“In page 5, subsection (1), lines 11 to 14, to delete all words from and including ‘or licensee’ in line 11 down to the end of the subsection and substitute ‘or the interest of a tenant under a letting made for the period of the continuance in any office, appointment or employment or for a landlord’s temporary convenience or to meet a temporary necessity of either of them provided that all these exclusions are bona fide and not designed to circumvent the operation of this Act.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 5, subsection (1), line 12, to delete ‘his’ and substitute ‘the tenant’s’.”

Amendment agreed to.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 5, subsection (1), line 13, to delete ‘his’ and substitute ‘the tenant’s’.”

Amendment agreed to.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 5, lines 15 to 19, to delete subsection (2) and substitute the following:

‘(2) Where, upon the commencement of this section, either or both of the spouses concerned is or are entitled to an interest to which this section applies in a matrimonial home, thereupon, the interest shall, subject to the provisions of this Act, vest in them as joint tenants.’.”

Amendment agreed to.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 5, subsection (3), lines 20 and 21, to delete ‘, but for this subsection,’.”

Amendment agreed to.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 5, subsection (3), line 21, to delete ‘would’ and substitute ‘becomes or’.”

Amendment agreed to.

Amendment proposed (Deputy O’Donnell):

“In page 5, subsection (4), line 25, to delete ‘vesting’ and substitute ‘which vests’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 5, subsection (4), line 27, to delete ‘immediately before’ and substitute ‘upon’.”

Amendment agreed to.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 5, lines 30 to 48, and in page 6, lines 1 and 2, to delete subsections (5) and (6) and substitute the following subsection:

‘(5) Where, by virtue of subsection (2) or (3), an interest to which this section applies in a matrimonial home vests in the spouses concerned, then—

Amendment agreed to.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 6, subsection (7), line 6, to delete ‘his or their interest’ and substitute ‘the interest of that spouse or both spouses’.”

Amendment agreed to.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 6, subsection (8) (a) (iii), lines 20 and 21, to delete ‘him and the other spouse’ and substitute ‘both spouses’.”

Amendment agreed to.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 6, subsection (10), line 35, to delete ‘subsections (5) and (6) (b)’ and substitute ‘subsection (5)’.”

Amendment agreed to.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 6, subsection (11), line 42, to delete ‘shall cease to’ and substitute ‘(other than this subsection) shall not’.”

Amendment agreed to.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 6, between lines 43 and 44, to insert the following subsection:

‘(12) (a) Where—

Amendment agreed to.

Amendment proposed (Deputy O’Donnell):

“In page 6, between lines 43 and 44, to insert the following subsection:

‘(12) Where the application of section 4 of this Act would conflict with the constitutional rights of any person, the Act shall not apply to that extent only but will otherwise be of full force and effect.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Shatter):

“In page 6, between lines 43 and 44, to insert the following subsection:

‘(12) This section shall not apply to an interest in a home or dwelling vested in a spouse and one or more other persons as joint tenants where an agreement is concluded in writing by both spouses and such other person or persons that this section shall not apply to the matrimonial home.’.”

Amendment, by leave, withdrawn.

Section, as amended, agreed to.

(ii) Section 5.

Amendment proposed (Deputy O’Dea, Minister of State at the Department of Justice):

“In page 6, after line 49, to insert the following subsection:

‘(2) Where a married couple have separated during the period of 3 months before the commencement of section 4 or agreed during that period to separate, the application of that section to the matrimonial home concerned shall be subject and without prejudice to the provisions of any agreement made between the spouses in connection with the separation or the agreement to separate.’.”

Amendment agreed to.

Section, as amended, agreed to.

(iii) New section.

Amendment proposed (Deputy Shatter):

“In page 7, before section 6, to insert the following new section:

‘6.—A person who has been guilty of the murder, attempted murder or manslaughter of his or her spouse shall be precluded from retaining or acquiring any interest in the matrimonial home under the provisions of this Act.’.”

Debate ensued.

Further consideration of the Bill adjourned.

4. Adjournment.

The Committee adjourned at 1.30 p.m. until 11 a.m. on Thursday, 9th September, 1993.

Déardaoin, 9 Meán Fómhair, 1993

Thursday, 9th September, 1993

1. The Committee met at 11 a.m.

2. Members Present.

The following members were present:—

Deputy Pattision (in the Chair), the Minister for Equality and Law Reform, Deputies Theresa Ahearn, Michael Ahern, Noel Ahern*, Bell, Bradford, Matt Brennan, Broughan*, Raphael P. Burke**, Byrne*, Creed, Davern, Frances Fitzgerald, Flaherty, Jim Higgins, Kenneally*, Seán Kenny, Leonard, Michael McDowell*, McGrath*, McManus, Gay Mitchell*, Moffat, Moynihan, Moynihan-Cronin, Ó Cuív*, O’Donnell, O’Hanlon, Ned O’Keeffe*, Shatter*, Shortall and Mary Wallace.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) New section.

The following amendment had been proposed by Deputy Shatter on 8th September.

“In page 7, before section 6, to insert the following new section:

‘6.—A person who has been guilty of the murder, attempted murder or manslaughter of his or her spouse shall be precluded from retaining or acquiring any interest in the matrimonial home under the provisions of this Act.’.”

Amendment, by leave, withdrawn.

(ii) Section 6.

Amendment proposed (Minister for Equality and Law Reform):

“In page 7, subsection (1), lines 7 and 8, to delete ‘a matrimonial home to which section 4 applies’ and substitute ‘an interest to which section 4 applies or applied in a matrimonial home’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 7, subsection (1), lines 9 and 10, to delete ‘either of the spouses concerned or by the personal representative, or by or on behalf of a child, of a deceased spouse’ and substitute ‘the spouse who is not the spouse in whose favour section 4 applies or, if the first-mentioned spouse has died, by the personal representative, or by or on behalf of a child, of that spouse’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 7, subsection (1) (a), line 13, to delete ‘home’ and substitute ‘interest’.”

Amendment agreed to.

Amendment proposed (Deputy Shatter):

“In page 7, subsection (1) (b), lines 14 and 15, to delete ‘, or by or on behalf of a child,’.”

Amendment, by leave, withdrawn.

Amendment proposed (Minister for Equality and Law Reform):

“In page 7, subsection (1) (b), line 17, to delete ‘home’ and substitute ‘interest’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 7, subsection (1) (i), line 21, to delete ‘home’ and substitute ‘interest’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 7, subsection (1) (ii), line 26, to delete ‘his’ and substitute ‘the other’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 7, subsection (2), line 29, to delete ‘be made not’ and substitute ‘not be made’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 7, subsection (3), line 31, before ‘A child’, to insert ‘A personal representative or’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 7, subsection (3), line 34, before ‘the’, to insert ‘the personal representative or, as the case may be,’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 7, subsection (3), line 36, to delete ‘the child’ and substitute ‘the personal representative, or the child,’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 7, lines 38 to 40, to delete subsection (4) and substitute the following:

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 7, subsection (5), to delete lines 42 to 44 and substitute the following:

‘unless it is satisfied that it would be unjust not to grant it, having regard to all the circumstances, including—’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 8, subsection (5) (b), line 5, to delete ‘him’ and substitute ‘that spouse’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 8, subsection (5) (c), line 10, to delete ‘him’ and substitute ‘that spouse’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 8, between lines 15 and 16, to insert the following subsection:

‘(7) Where an order is made under subsection (1), a copy of the order, certified to be a true copy by the registrar or clerk of the court concerned, may—

Amendment agreed to.

Amendment proposed (Deputy Shatter):

“In page 8, between lines 15 and 16, to insert the following subsection:

‘(7) On an Application under subsection (6) (a) the Court shall have power to make an Order declaring that the Act of 1976 shall no longer apply to the Family Home in question in so far as the spouse, whose consent is being dispensed with, is concerned.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Minister for Equality and Law Reform):

“In page 8, subsection (7), to delete lines 18 and 19 and substitute ‘specified under paragraph (a) or referred to in paragraph (b) of section 22 (5) of the Building Societies Act, 1989.’.”

Amendment agreed to.

Section, as amended, agreed to.

Further consideration of the Bill adjourned.

4. Meeting Suspended.

Ordered: That the Meeting be now suspended until 2.05 p.m.

The Meeting was accordingly suspended at 12.50 p.m.

The Meeting was resumed at 2.05 p.m.

5. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) New section.

Amendment proposed (Minister for Equality and Law Reform):

“In page 8, before section 7, to insert the following new section:

(2) Where a declaration has been made under subsection (1)—

(a)in the case of registered land, the declaration may be lodged in the Land Registry for registration in a register maintained under the Act of 1964 and thereupon an entry shall be made in the appropriate register to the effect that the matrimonial home has ceased to be, or is not, a matrimonial home to which section 4 applies, or

(b)in the case of unregistered land, a copy of the declaration, certified to be a true copy by the spouse or person concerned (or, if that spouse or person is dead, by the personal representative concerned), may be registered in the Registry of Deeds,

and, thereupon, the matrimonial home, or the intended matrimonial home, concerned shall cease to be, or shall not be, a matrimonial home to which section 4 applies.

(3) A declaration under subsection (1) in relation to a matrimonial home or an intended matrimonial home, or a copy of such a declaration, shall not be registered pursuant to subsection (2)—

(a)if the declaration relates to a matrimonial home, before the commencement of section 4, and

(b)if the declaration relates to an intended matrimonial home, before such commencement or before the home becomes the matrimonial home of the persons concerned, whichever is the later.

(4) Section 126 (making of rules by Registration of Title Rules Committee) of the Act of 1964 shall apply to registration pursuant to subsection (2) in a register maintained under that Act as it applies to registration under that Act.

(5) A declaration under subsection (1) shall specify the matrimonial home or intended matrimonial home to which it relates.

(6) The Minister may by regulations provide that a declaration under subsection (1) shall be in a specified form or a form to the like effect.’.”

Amendment proposed to the proposed new section (Deputy Shatter):

“In the first line of subsection (1) (a), after ‘matrimonial home’, to insert ‘or a family home’.”

Amendment to the proposed new section, by leave, withdrawn.

Another amendment proposed to the proposed new section (Deputy Shatter):

“In subsection (1), after paragraph (a), to insert the following:

‘(b)A declaration made under this section shall not be valid unless the party making such declaration has first obtained independent legal advice.’.”

Question:— “That the amendment to the proposed new section be made”—put: the Committee divided: For, 11; Against, 13.

For:—Deputies Theresa Ahearn, Bradford, Creed, Frances Fitzgerald, Flaherty, Jim Higgins, Michael McDowell, McGrath, McManus, O’Donnell, and Shatter.

Against:—Minister for Equality and Law Reform, Deputies Noel Ahern, Bell, Matt Brennan, Broughan, Leonard, Moffat, Moynihan-Cronin, Ó Cuív, O’Hanlon, Pattison, Shortall and Mary Wallace.

The question was declared negatived accordingly.

Question:— “That the new section be there inserted” — put, and agreed to.

(ii) Section 7 deleted.

(iii) Section 8.

Amendment proposed (Minister for Equality and Law Reform):

“In page 9, subsection (1) (b), line 12, after ‘Deeds’ to insert ‘or otherwise’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 9, subsection (1) (b), line 14, to delete ‘that spouse’ and substitute ‘either of the spouse’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 9, subsection (1) (b), line 14, to delete ‘him’ and substitute ‘that spouse’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 9, subsection (1), line 18, to delete ‘those’ and to substitute ‘the deed or’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 9, lines 20 to 30, to delete subsection (2).”

Amendment agreed to.

Section, as amended, agreed to.

(iv) Section 9.

Amendment proposed (Minister for Equality and Law Reform):

“In page 9, lines 37 to 39, to delete subsection (1).”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 9, subsection (2), line 41, to delete ‘family’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 10, subsection (2) (b) (iii), line 4, to delete ‘family’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 10, subsection (2) (c) (i), line 7, to delete ‘his’ and substitute ‘that person’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 10, subsection (2) (c) (iii), line 12, to delete ‘on his behalf’ and substitute ‘on behalf of that person’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 10, subsection (2) (c) (iii), line 14, to delete ‘family’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 10, subsection (3), line 20, to delete ‘family’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 10, subsection (4), line 25, to delete ‘his’ and substitute ‘that spouse’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 10, subsection (4), line 26, to delete ‘family’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 10, lines 28 to 33, to delete subsection (5) and substitute the following:

‘(5) On the death of a spouse who is entitled to a legal interest in a matrimonial home to which section 4 applied, that interest shall, notwithstanding Part II of the Act of 1965 and subject to the rights of any person other than the surviving spouse, vest in that spouse.’.”

Amendment agreed to.

Section, as amended, agreed to.

(v) Section 10 deleted.

(vi) Section 11.

Amendment proposed (Minister for Equality and Law Reform):

“In page 12, subsection (1), to delete lines 31 to 37 and substitute the following:

‘in which a married couple—

as their sole or principal residence and includes any rights or privileges exercisable by either or both of the spouses over any other land, being rights or privileges necessary for the reasonable, beneficial use, occupation and enjoyment of the residence.’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 12, subsection (2) (a), line 39, to delete ‘section’ and substitute ‘subsection’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 12, subsection (2) (a), lines 41 and 42, to delete ‘and in the absence of any express agreement to the contrary’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 12, subsection (2) (b), lines 45 and 46, to delete ‘and in the absence of any express agreement to the contrary’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 13, subsection (3), line 1, after ‘6’ to insert ‘, 16’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 13, between lines 3 and 4, to insert the following subsection:

‘(4) (a)If a spouse who by virtue of the operation of paragraph (a) or (b) of subsection (2) (and not otherwise) becomes or would become joint owner of the mobile home concerned makes a declaration in writing that either such paragraph shall cease to apply, or shall not apply, in relation to the home, that paragraph shall cease to apply, or shall not apply, as the case may be, in relation to it.

(b)The Minister may by regulations provide that a declaration under paragraph (a) shall be in a specified form or a form to the like effect.’.”

Amendment agreed to.

Section, as amended, agreed to.

(vii) Section 12 agreed to.

(viii) New section.

Amendment proposed (Minister for Equality and Law Reform):

“In page 13, before section 13, to insert the following new section:

‘13.—(1) No court fee shall be payable in respect of a certified copy of an order of the court under section 6 (1).

(2) No fee shall be payable in respect of registration in the Land Registry under section 6 (7) (a), 7 (2) (a) or 8 (1) (a) or registration in the Registry of Deeds of a document referred to in section 6 (7), 7 (2) (b) or 8 (1) (b).’.”

Question:— “That the new section be there inserted” — put, and agreed to.

(ix) Section 13 deleted.

(x) Section 14.

Amendment proposed (Minister for Equality and Law Reform):

“In page 13, line 29, to delete ‘in a matrimonial home’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 13, line 30, after ‘applies’ to insert ‘in a matrimonial home’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 13, lines 32 to 34, to delete ‘mentioned in paragraph (a) or (b) of section 1 (1) of the Building Societies (Amendment) Act, 1983’ and substitute ‘specified under paragraph (a) or referred to in paragraph (b) of section 22 (5) of the Building Societies Act, 1989’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 13, line 35, to delete ‘him’.”

Amendment agreed to.

Section, as amended, agreed to.

(xi) Section 15 agreed to.

(xii) Section 16.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (1), line 6, to delete the definition of ‘matrimonial home’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (1), line 8, to delete ‘or 11’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (1), line 9, to delete ‘or 11’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (1), line 10, to delete ‘he’ and substitute ‘that spouse’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (2), line 12, to delete ‘or 11’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (2), line 13, to delete ‘, or to an interest in,’ and substitute ‘an interest in’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (3), line 16, to delete ‘or 11’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (3), line 17, to delete ‘, or to an interest in,’ and substitute ‘an interest in’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (4), line 23, to delete ‘or 11’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (4), line 23, to delete ‘, or to an interest in,’ and substitute ‘an interest in’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (4), line 25, to delete ‘or 11’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (4), line 26, to delete ‘or 11, as the case may be,’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (5), line 31, to delete ‘he’ and substitute ‘the bankrupt’.”

Amendment agreed to.

Section, as amended, agreed to.

(xiii) Section 17 agreed to.

(xiv) Section 18.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (1), between lines 43 and 44, to insert the following:

‘(b) as to whether—

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 14, subsection (1) (c), line 47, to delete ‘or 10’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 15, subsection (2), lines 26 to 35, to delete paragraph (b) and substitute the following:

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 15, subsection (2) (c) (ii), line 48, to delete ‘other’.”

Amendment agreed to.

Section, as amended, agreed to.

(xv) Section 19.

Amendment proposed (Minister for Equality and Law Reform):

“In page 16, subsection (3), line 20, after ‘subject’, to insert ‘, as respects a question arising by virtue of Part II,’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 16, subsection (3), line 24, after ‘his’, where it firstly occurs, to insert ‘or her’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 16, subsection (3), line 24, after ‘his’, where it secondly occurs, to insert ‘or her’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 16, subsection (4) (a) (i), line 40, after ‘his’ to insert ‘or her’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 16, subsection (4) (a) (i), line 41, after ‘his’ to insert ‘or her’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 16, subsection (4) (a) (ii), line 43, after ‘his’ where it firstly occurs, to insert ‘or her’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 16, subsection (4) (a) (ii), line 43, after ‘his’ where it secondly occurs, to insert ‘or her’.”

Amendment agreed to.

Section, as amended, agreed to.

(xvi) Section 20 agreed to.

(xvii) Section 21.

Amendment proposed (Deputy Michael McDowell):

“In page 18, subsection (1), line 13, after ‘the’ to insert ‘purchase and/or the’.”

Debate ensued.

Further consideration of the Bill adjourned.

6. Adjournment.

The Committee adjourned at 4.30 p.m. until 2.30 p.m. on Monday, 20th September, 1993.

Dé Luain, 20 Meán Fómhair, 1993

Monday, 20th September, 1993

1. The Committee met at 2.30 p.m.

2. Members Present.

The following members were present:—

Deputy Pattision (in the Chair), the Minister for Equality and Law Reform, Deputies Theresa Ahearn, Bell, Bradford, Matt Brennan, Frances Fitzgerald, Flaherty, Jim Higgins, Seán Kenny, Michael P. Kitt, Leonard, Moffat, Morley, Moynihan, O’Donnell, Quill, Shatter*, Sheehan*, Shortall and Mary Wallace.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 21.

The following amendment had been proposed by Deputy Michael McDowell on 9th September:

“In page 18, subsection (1), line 13, after ‘the’ to insert ‘purchase and/or the’.”

Amendment by leave, withdrawn.

Amendment proposed (Minister for Equality and Law Reform):

“In page 18, subsection (1), line 19, to delete ‘his’ and to substitute ‘such’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 18, subsection (2), line 28, after ‘otherwise’ to insert ‘or as tenants in common in equal shares’.”

Amendment agreed to.

Section, as amended, agreed to.

(ii) Section 22.

Amendment proposed (Minister for Equality and Law Reform):

“In page 18, subsection (1), line 35, to delete ‘£25’ and substitute ‘£20’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 18, after line 52, to insert the following subsection:

‘(4) The District Court may, for the purpose of determining whether it has jurisdiction in proceedings under this Act in relation to a matrimonial home that has not been given a rateable valuation or is the subject with other land of a rateable valuation, determine that its rateable valuation would exceed, or would not exceed, £20.’.”

Amendment agreed to.

Section, as amended, agreed to.

(iii) Section 23.

Amendment proposed (Minister for Equality and Law Reform):

“In page 19, between lines 2 and 3, to insert the following subsections:

‘(2) The proceedings to which section 33 (conduct of family law proceedings in Circuit Court and High Court) of the Act of 1989 applies shall be deemed to include proceedings under this Act.

(3) Section 45 (conduct of family law proceedings in District Court) of that Act, as amended by section 39 (3) of the Child Abduction and Enforcement of Custody Orders Act, 1991, is hereby further amended by the substitution in subsection (1) of “the Child Abduction and Enforcement of Custody Orders Act, 1991, and the Matrimonial Home Act, 1993,” for “and the Child Abduction and Enforcement of Custody Orders Act, 1991”.’.”

Amendment agreed to.

Section, as amended, agreed to.

(iv) Section 24.

Amendment proposed (Minister for Equality and Law Reform):

“In page 19, paragraph (a), to delete lines 4 and 5 and substitute the following:

‘(a) by the substitution of the following section for section 2:

Amendment by leave, withdrawn.

Amendment proposed (Minister for Equality and Law Reform):

“In page 19, paragraph (b) (ii), to delete lines 21 to 24.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 19, paragraph (b) (ii), line 25, to delete ‘(b)’ and substitute “‘ (8) (a)’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 19, paragraph (b) (ii), line 45, to delete ‘(c)’ and substitute ‘(b)’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 20, paragraph (b) (ii), line 3, to delete ‘commencement’ and substitute ‘passing’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 20, paragraph (b) (ii), line 5, to delete ‘commencement’ and substitute ‘passing’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 20, between lines 23 and 24, to insert the following subsection:

‘(2) The amendment effected by subsection (1) (a) does not apply in relation to—

(a)any conveyances referred to in section 3 of the Act of 1976, the dates of which are,

(b)any proceedings under or referred to in that Act which are instituted,

(c)any thing referred to in section 6 of that Act which is done, and

(d)any transactions referred to in section 14 of that Act which occur,

before the commencement of section 4.’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 20, between lines 23 and 24, to insert the following subsection:

‘(3) The Act of 1989 is hereby amended by the substitution in section 16 of the following paragraph for paragraph (c):

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 20, between lines 23 and 24, to insert the following subsection:

‘(3) Where a court, when granting a decree of judicial separation under the Act of 1989, orders that the ownership of the family home (within the meaning of the Act of 1976) shall be vested in one of the spouses, it may order that section 3 (1) (prior consent of spouse to conveyance of interest in family home) of the Act of 1976 shall not apply to any conveyance by that spouse of an interest in the home and, if the court so orders, the said section 3 (1) shall have effect accordingly.’.”

Amendment agreed to.

Section, as amended, agreed to.

(v) Section 25.

Amendment proposed (Minister for Equality and Law Reform):

“In page 20, paragraph (b), line 29, to delete ‘his spouse’ and substitute ‘the spouse of the person’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 20, paragraph (c), line 30, to delete ‘matrimonial home’ and substitute ‘interest’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 20, line 34, to delete ‘his spouse’ and substitute ‘the spouse of the person’.”

Amendment agreed to.

Section, as amended, agreed to.

(vi) New sections.

Amendment proposed (Deputy O’Donnell):

“In page 20, before section 26, to insert the following new section:

‘26.—In any action to enforce a right to property arising under or by virtue of this Act, the court may have regard to any legal or equitable interest which in its opinion has been acquired by any person and may declare that such interest extends to the whole or any specified part of the beneficial interest in the property.’.”

Amendment by leave, withdrawn.

Amendment proposed (Deputy O’Donnell):

“In page 20, before section 26, to insert the following new section:

‘26.—After the passing of this Act the matrimonial home shall not be subject to probate tax.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy O’Donnell):

“In page 20, before section 26, to insert the following new section:

‘26.—The production of a Certificate of Marriage shall be sufficient proof of marriage both for the purposes of this Act and the Family Home Protection Act, 1976.’.”

Amendment, by leave, withdrawn.

(vii) Section 26 agreed to.

(viii) Title agreed to.

4. Report of Committee.

The Chairman brought forward a Draft Report which was read as follows:—

“The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

5. Conclusion of Business.

The Committee concluded its consideration of the Bill at 3.50 p.m.

(ii) AN BILLE LEASA SHÓISIALAIGH (UIMH. 2), 1993.

SOCIAL WELFARE (NO. 2) BILL, 1993.

REPORT

The Select Committee has considered the Bill and has made amendments thereto and has amended the Title to read as follows:

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE (CONSOLIDATION) ACT, 1993, TO AMEND AND EXTEND THE PENSIONS ACT, 1990 AND TO PROVIDE FOR CONNECTED MATTERS.

The Bill, as amended, is reported to the Dáil.

(Signed) SÉAMUS PATTISON,

Chairman.

2nd December, 1993.

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Déardaoin, 2 Nollaig, 1993

Thursday, 2nd December, 1993

1. The Committee met at 11.15 a.m.

2. Members Present.

The following members were present:—

Deputy Pattision (in the Chair), the Minister for Social Welfare, Deputies Theresa Ahearn, Michael Ahern, Bradford, Matt Brennan, Clohessy*, Creed, de Valera, Doyle*, Flaherty, Jim Higgins, Seán Kenny, Leonard, Moffat, Morley, Moynihan, Moynihan-Cronin, Mulvihill*, O’Hanlon, Eoin Ryan and Sheehan.*

3. Social Welfare (No. 2) Bill, 1993.

The Committee took the Bill into consideration.

(i) Section 1.

Amendment proposed (Minister for Social Welfare):

“In page 2, subsection (2), line 13, after ‘this Act’ to insert ‘(other than section 15)’.”

Amendment agreed to.

Section, as amended, agreed to.

(ii) Sections 2 and 3 agreed to.

(iii) Section 4.

Amendment proposed (Deputy Doyle):

“In page 4, between lines 37 and 38, to insert the following:

‘(5) For the purposes of this section, the Minister shall, by regulation, provide for a method of assessing the reckonable income of each optional contributor.’.”

Amendment, by leave, withdrawn.

Section agreed to.

(ii) Sections 5 to 10, inclusive, agreed to.

(v) New sections.

Amendment proposed (Minister for Social Welfare):

“In page 7, before section 11, but in Part III, to insert the following new section:

‘11.—Section 2 (1) (as amended by section 3) of the Principal Act is hereby amended by—

(c)the insertion after the definition of “voluntary contributor” of the following definition:

Question:— “That the new section be there inserted”—put and agreed to.

Amendment proposed (Minister for Social Welfare):

“In page 7, before section 11, but in Part III, to insert the following new section:

‘12.—Section 32 of the Principal Act is hereby amended by the insertion after subsection (8) of the following subsection:

“(9) The requirement contained in subsection (1) (c) that the claimant must have prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period shall not apply in the case of a claim for disability benefit made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next succeeding benefit year.”.’.”

Question:— “That the new section be there inserted”—put and agreed to.

Amendment proposed (Minister for Social Welfare):

“In page 7, before section 11, but in Part III, to insert the following new section:

‘13.—Section 43 of the Principal Act is hereby amended by the insertion after subsection (6) of the following subsection:

“(7) The requirement contained in subsection (1) (c) that the claimant must have prescribed reckonable weekly earnings in excess of a prescribed amount in the prescribed period shall not apply in the case of a claim for unemployment benefit made by a person in the benefit year in which that person, having been a volunteer development worker, returns to the State from a developing country or in the next succeeding benefit year.”.’.”

Question:— “That the new section be there inserted”—put, and agreed to.

(vi) Section 11 agreed to.

(vii) New section.

Amendment proposed (Minister for Social Welfare):

“In page 8, after line 8, to insert the following new section:

‘15.—The Pensions Act, 1990, is hereby amended by the substitution for section 62 of the following section:

Question:— “That the new section be there inserted”—put, and agreed to.

(viii) Title.

Amendment proposed (Minister for Social Welfare):

“In page 2, line 6, after ‘1993,’ to insert ‘TO AMEND AND EXTEND THE PENSIONS ACT, 1990’.”

Amendment agreed to.

Title, as amended, agreed to.

4. Report of Committee.

The Chairman brought forward a Draft Report which was read as follows:—

“The Select Committee has considered the Bill and has made amendments thereto and has amended the Title to read as follows:

AN ACT TO AMEND AND EXTEND THE SOCIAL WELFARE (CONSOLIDATION) ACT, 1993, TO AMEND AND EXTEND THE PENSIONS ACT, 1990 AND TO PROVIDE FOR CONNECTED MATTERS.

The Bill, as amended, is reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

5. Conclusion of Business.

The Committee concluded its consideration of the Bill at 12.55 p.m.

(iii) AN BILLE LEASA SHÓISIALAIGH, 1994

SOCIAL WELFARE BILL, 1994

REPORT

The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.

(Signed) SÉAMUS PATTISON,

Chairman.

9th March, 1994.

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Dé Céadaoin, 9 Márta, 1994

Wednesday, 9th March, 1994

1. The Committee met at 11 a.m.

2. Members Present.

The following members were present:—

Deputy Pattison (in the Chair), the Minister for Social Welfare, Deputies Theresa Ahearn, Michael Ahern, Allen, Bell, Boylan*, Bradford, Matt Brennan, Byrne*, Callely*, Connaughton*, Creed, De Rossa*, De Valera, Frances Fitzgerald, Flanagan, Pat Gallagher, Seán Kenny, Keogh, Michael P. Kitt, Leonard, McGrath*, Moffat, Morley, Moynihan, O’Hanlon, Penrose*, Shortall, Brendan Smith*, Mary Wallace and Eamonn Walsh*.

3. Social Welfare Bill, I994.

The Committee took the Bill into consideration.

(i) Sections 1 and 2 agreed to.

(ii) New sections.

Amendment proposed (Deputy De Rossa):

“In page 4, before section 3, but in Part I, to insert the following new section:

‘3.—Where it is proposed to make regulations under this Act or under the Principal Act a draft shall be laid before each of the Houses of the Oireachtas and the regulations shall not come into effect until such time as a motion approving of the draft has been passed by each such House.’.”

Question:—“That the new section be there inserted”—put: the Committee divided: For, 10; Against, 18.

For:—Deputies Theresa Ahearn, Allen, Bradford, Connaughton, Creed, De Rossa, Frances Fitzgerald, Flanagan, Keogh and McGrath.

Against:—Minister for Social Welfare, Deputies Michael Ahern, Bell, Matt Brennan, Byrne, Callely, De Valera, Pat Gallagher, Seán Kenny, Michael P. Kitt, Leonard, Moffat, Morley, Moynihan, O’Hanlon, Pattison, Penrose and Mary Wallace.

The Question was declared negatived accordingly.

Amendment proposed (Deputy De Rossa):

“In page 4, before section 3, but in Part I, to insert the following new section:

‘3.—Where the Minister issues a circular, guideline, or code of practice to Community Welfare Officers relating to entitlements of persons to supplementary welfare allowance payments or regarding the interpretation to be placed by Community Welfare Officers on regulations relating to supplementary welfare payments, such circular, guideline or code of practice, shall be lodged in the Library of the Houses of the Oireachtas.’.”

Debate ensued.

Further consideration of the Bill adjourned.

4. Meeting Suspended.

Ordered: That the Meeting be now suspended until 2.15 p.m.

The Meeting was accordingly suspended at 1.05 p.m.

The Meeting was resumed at 2.15 p.m.

5. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) New section.

The following amendment had been proposed by Deputy De Rossa on this day:

“In page 4, before section 3, but in Part I, to insert the following new section:

‘3.—Where the Minister issues a circular, guideline, or code of practice to Community Welfare Officers relating to entitlements of persons to supplementary welfare allowance payments or regarding the interpretation to be placed by Community Welfare Officers on regulations relating to supplementary welfare payments, such circular, guideline or code of practice, shall be lodged in the Library of the Houses of the Oireachtas.’.”

Amendment, by leave, withdrawn.

(ii) Sections 3 to 18, inclusive, agreed to.

(iii) Section 19.

Amendment proposed (Deputy Keogh):

“In page 17, subsection (1), lines 33 to 37, to delete paragraph (a).”

Amendment, by leave, withdrawn.

Section agreed to.

(iv) Sections 20 to 32, inclusive, agreed to.

(v) New section.

Amendment proposed (Minister for Social Welfare):

“In page 25, before section 33, but in Part VI, to insert the following new section:

Question:—“That the new section be there inserted”—put, and agreed to.

(vi) Section 33.

Amendment proposed (Minister for Social Welfare):

“In page 25, subsection (1)(b), between lines 32 and 33, to insert the following:

‘(2) Where an individual’s reckonable income for a contribution year did not exceed £9,000, any health contributions deducted from emoluments forming part of that reckonable income shall be repaid to that individual.”.’.”

Amendment agreed to.

Section, as amended, agreed to.

(vii) Section 34.

Amendment proposed (Minister for Social Welfare):

“In page 26, between lines 15 and 16, to insert the following:

‘(2) Where an individual’s reckonable income for a contribution year did not exceed £9,000, any levy deducted from emoluments forming part of that reckonable income shall be repaid to that individual.”.’.”

Amendment agreed to.

Section, as amended, agreed to.

(viii) Schedules A to F, inclusive, agreed to.

(ix) Title agreed to.

6. Report of Committee.

The Chairman brought forward a Draft Report which was read as follows:—

“The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

7. Conclusion of Business.

The Committee concluded its consideration of the Bill at 4.55 p.m.

(iv) BILLE NA SÉADCHOMHARTHAÍ NÁISIÚNTA (LEASÚ), 1993

NATIONAL MONUMENTS (AMENDMENT) BILL, 1993

REPORT

The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.

(Signed) SÉAMUS PATTISON,

Chairman.

28th April, 1994.

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Dé Máirt, 26 Aibreán, 1994

Tuesday, 26th April, 1994

1. The Committee met at 4.15 p.m.

2. Members Present.

The following members were present:—

Deputy Séamus Pattison (in the Chair), the Minister for Arts, Culture and the Gaeltacht, Deputies Theresa Ahearn, Michael Bell, Paul Bradford, Michael Creed, Síle de Valera, Frances Fitzgerald, Seán Kenny, Michael P. Kitt, P. J. Morley, Breeda Moynihan-Cronin and Máirín Quill*.

3. Consideration of Bill.

The Committee took the Bill into consideration.

(i) Sections 1 and 2 agreed to.

(ii) New section.

Amendment proposed (Deputy Michael Creed):

“In page 4, before section 3, to insert the following new section:

‘3.—The Minister shall, in consultation with the Director of the National Museum, establish a register of approved local authority and voluntary museums in the country.’.”

Amendment, by leave, withdrawn.

(iii) Sections 3 to 6, inclusive, agreed to.

(iv) Section 7.

Amendment proposed (Deputy Máirín Quill):

“In page 7, subsection (1), line 1, to delete ‘without warrant’ and substitute ‘, if satisfied that an offence has been committed or is about to be committed,’.”

Amendment, by leave, withdrawn.

Amendment proposed (Minister for Arts, Culture and the Gaeltacht):

“In page 7, subsection (1), lines 10 to 13, to delete paragraph (b) and substitute the following:

Amendment agreed to.

Amendment proposed (Deputy Michael Creed):

“In page 7, subsection (1), between lines 13 and 14, to insert the following:

Amendment, by leave, withdrawn.

Amendment proposed (Minister for Arts, Culture and the Gaeltacht):

“In page 7, subsection (4), line 21, to delete ‘diving’ and substitute ‘other’.”

Amendment agreed to.

Amendment proposed (Minister for Arts, Culture and the Gaeltacht):

“In page 7, between lines 32 and 33, to insert the following subsection:

‘(7) Paragraph (b) of subsection (1) of this section applies to all or any of the following areas, namely,

Amendment agreed to.

Section, as amended, agreed to.

(v) Section 8.

Amendment proposed (Deputy Michael Creed):

“In page 7, subsection (2), line 39, after ‘may’ to insert ‘after service of adequate notice in writing on the owners or occupiers’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Michael Creed):

“In page 7, subsection (2), line 40, after ‘premises’ to insert ‘the owner of which shall be exempt from liability’.”

Debate ensued.

Further consideration of the Bill adjourned.

4. Adjournment.

The Committee adjourned at 5.30 p.m. until 11 a.m. on Thursday, 28th April, 1994.

Déardaoin, 28 Aibreán, 1994

Thursday, 28th April, 1994

1. The Committee met at 11 a.m.

2. Members Present.

The following members were present:—

Deputy Séamus Pattison (in the Chair), the Minister for Arts, Culture and the Gaeltacht, Deputies Bernard Allen, Michael Bell, Andrew Boylan*, Paul Bradford, John Browne (Carlow-Kilkenny)*, Michael Creed, Jimmy Deenihan*, Síle de Valera, Brian Fitzgerald*, Denis Foley*, Jim Higgins, Seán Kenny, Séamus Kirk*, Michael P. Kitt, Jimmy Leonard, Tom Moffatt, P. J. Morley, Breeda Moynihan-Cronin, Ted Nealon*, Máirín Quill*, Eoin Ryan and Róisín Shortall.

3. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 8.

The following amendment had been proposed by Deputy Michael Creed on 26th April:

“In page 7, subsection (2), line 40, after ‘premises’ to insert ‘the owner of which shall be exempt from liability’.”

Question put: the Committee divided: For, 9; Against, 15.

For:—Deputies Bernard Allen, Andrew Boylan, Paul Bradford, John Browne (Carlow-Kilkenny), Michael Creed, Jimmy Deenihan, Jim Higgins, Ted Nealon and Máirín Quill.

Against:—Minister for Arts Culture and the Gaeltacht, Deputies Michael Bell, Síle de Valera, Brian Fitzgerald, Denis Foley, Seán Kenny, Séamus Kirk, Michael P. Kitt, Jimmy Leonard, Tom Moffat, P. J. Morley, Breeda Moynihan-Cronin, Séamus Pattison, Eoin Ryan and Róisín Shortall.

The Question was declared negatived accordingly.

Section agreed to.

(ii) Section 9 agreed to.

(iii) Section 10.

Amendment proposed (Deputy Michael Creed):

“In page 8, between lines 28 and 29, to insert the following subsection:

‘(6) The owner of the land and the occupier of the land on or under which an archaeological object was found, shall have the right to appeal to a court of competent jurisdiction any decision taken in accordance with subsection (1) of this section.’.”

Amendment, by leave, withdrawn.

Section agreed to.

(iv) Section 11.

Amendment proposed (Deputy Michael Creed):

“In page 8, subsection (1), lines 35 to 43, to delete paragraphs (c), (d) and (e).”

Amendment, by leave, withdrawn.

Section agreed to.

(v) Section 12.

Amendment proposed (Deputy Michael Creed):

“In page 9, subsection (1), line 5, to delete ‘The Commissioners may establish and maintain’ and substitute ‘The Minister shall ensure that there will be established and maintained’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Michael Creed):

“In page 9, between lines 23 and 24, to insert the following subsection:

‘(4) When the owner or occupier (being the Commissioners) of a monument or place which has been recorded under subsection (1) of this section or any person proposes to carry out, or to cause or permit the carrying out of, any work at or in relation to such monument or place, he shall give notice in writing of his proposal to carry out the work to the relevant local authority and shall not, except in the case of urgent necessity and with the consent of the Minister, commence the work for a period of two months after having given the notice.’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Michael Creed):

“In page 9, subsection (5), line 28, after ‘device’ to insert ‘other than such devices when used on agricultural machinery for safety purposes’.”

Amendment, by leave, withdrawn.

Section agreed to.

(vi) Sections 13, 14 and 15 agreed to.

(vii) New section.

Amendment proposed (Deputy Michael Creed):

“In page 10, before section 16, to insert the following new section:

‘16.—Section 2 of the Act of 1987 is hereby amended by the substitution of the following subsection for subsection (6):

“(6) Where in a prosecution for an offence under subsection (1) (a) of this section, it is proved that a detection device was being used it shall be presumed until the contrary is proved that the device was being used for the purpose of searching for archaeological objects.”.’.”

Amendment, by leave, withdrawn.

(viii) Section 16.

Amendment proposed (Deputy Michael Creed):

“In page 10, line 37, to delete ‘within 4 days’ and substitute ‘immediately’.”

Amendment, by leave, withdrawn.

Section agreed to.

(ix) Sections 17 to 22, inclusive, agreed to.

(x) Schedule.

Amendment proposed (Deputy Michael Creed):

“In page 15, paragraph 1 (2) (c), line 1, after ‘objection’ to insert ‘(written, oral or both)’.”

Amendment, by leave, withdrawn.

Amendment proposed (Minister for Arts, Culture and the Gaeltacht):

“In page 16, paragraph 2 (5) (b), lines 1 and 2, to delete ‘grant their consent to the compulsory acquisition of the land’ and substitute the following:

‘grant or refuse their consent to the compulsory acquisition of the land within four months of the date of the application by the Commissioners to the Minister under subparagraph (4) of this paragraph and, if the consent is not granted or refused within four months of the application, it shall be deemed to have been refused’.”

Amendment agreed to.

Schedule, as amended, agreed to.

(xi) Title agreed to.

4. Report of Committee.

The Chairman brought forward a Draft Report which was read as follows:—

“The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

5. Conclusion of Business.

The Committee concluded its consideration of the Bill at 12.50 p.m.

(v) AN BILLE UM CHOSAINT MHÁITHREACHAIS, 1994

MATERNITY PROTECTION BILL, 1994

REPORT

The Select Committee has considered the Bill and has made amendments thereto and has amended the Title to read as follows:—

AN ACT TO IMPLEMENT COUNCIL DIRECTIVE 92/85/EEC OF 19 OCTOBER 1992 ON THE INTRODUCTION OF MEASURES TO ENCOURAGE IMPROVEMENTS IN THE SAFETY AND HEALTH AT WORK OF PREGNANT WORKERS AND WORKERS WHO HAVE RECENTLY GIVEN BIRTH OR ARE BREAST-FEEDING, TO RE-ENACT WITH AMENDMENTS THE PROVISIONS OF THE MATERNITY PROTECTION OF EMPLOYEES ACTS, 1981 AND 1991, TO ENTITLE A MALE EMPLOYEE TO LEAVE IN CERTAIN CASES WHERE THE MOTHER OF HIS CHILD DIES, TO EXTEND AS A CONSEQUENCE OF THE ABOVE-MENTIONED PROVISIONS THE PROTECTION AGAINST UNFAIR DISMISSALS CONFERRED BY THE UNFAIR DISMISSALS ACT, 1977, AND TO PROVIDE FOR RELATED MATTERS.

The Bill, as amended, is reported to the Dáil.

(Signed) SÉAMUS PATTISON

Chairman.

2nd November, 1994

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Dé Céadaoin, 2 Samhain, 1994

Wednesday, 2nd November, 1994

1. The Committee met at 11 a.m.

2. Members Present.

The following members were present:—

Deputy Séamus Pattison (in the Chair), the Minister for Equality and Law Reform, Deputies Michael Bell, Paul Bradford, Matt Brennan, Pat Gallagher, Seán Kenny, Helen Keogh, Liz McManus, P.J. Morley, Breeda Moynihan-Cronin, Rory O’Hanlon and Brendan Smith*.

3. Maternity Protection Bill, 1994.

The Committee took the Bill into consideration.

(i) Sections 1 to 15, inclusive, agreed to.

(ii) Section 16.

Amendment proposed (Minister for Equality and Law Reform):

“In page 11, subsection (3), line 11, to delete ‘subsection’ and substitute ‘section’.”

Amendment agreed to.

Section, as amended, agreed to.

(iii) Section 17 agreed to.

(iv) Section 18.

Amendment proposed (Minister for Equality and Law Reform):

“In page 12, subsection (4), line 34, to delete ‘three weeks’ and substitute ‘21 days’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 12, subsection (4), line 35, to delete ‘period of twelve months’ and substitute ‘relevant period’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 13, lines 2 to 4, to delete subsection (6) and substitute the following:

‘(6) In subsection (4) “relevant period”, in relation to an employee, means the period beginning with her pregnancy and continuing beyond any confinement resulting from that pregnancy until she ceases to be an employee who has recently given birth or, as the case may be, an employee who is breastfeeding.’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 13, between lines 4 and 5, to insert the following subsection:

‘(7) Regulations under subsection (4) may provide that such day or days as may be determined under the regulations shall be left out of account in calculating the 21 days referred to in that subsection.’.”

Amendment agreed to.

Section, as amended, agreed to.

(v) Sections 19, 20 and 21 agreed to.

(vi) Section 22.

Amendment proposed (Minister for Equality and Law Reform):

“In page 15, subsection (5), lines 18 and 19, to delete ‘maternity leave, additional maternity leave or leave under subsection (1) or (4) of section 16’ and substitute ‘protective leave’.”

Amendment agreed to.

Section, as amended, agreed to.

(vii) Sections 23 to 29, inclusive, agreed to.

(viii) Section 30.

Amendment proposed (Minister for Equality and Law Reform):

“In page 18, subsection (1) (a), lines 29 and 30, to delete ‘(within the meaning of the 1977 Act),’.”

Amendment agreed to.

Amendment proposed (Minister for Equality and Law Reform):

“In page 19, between lines 3 and 4, to insert the following subsection:

‘(6) In subsection (1) (a) “dismissal” has the same meaning as in the 1977 Act except that, in applying that definition for the purposes of subsection (1) (a), the expressions “employer” and “contract of employment”, where used in that definition, shall be given the same meanings as in this Act.’.”

Amendment agreed to.

Section, as amended, agreed to.

(ix) Sections 31 and 32 agreed to.

(x) Section 33.

Amendment proposed (Minister for Equality and Law Reform):

“In page 20, subsection (2), line 21, to delete ‘within five weeks of the decision’ and substitute ‘as soon as may be after the receipt by it of the notice’.”

Amendment agreed to.

Section, as amended, agreed to.

(xi) Sections 34 to 40, inclusive, agreed to.

(xii) Section 41.

Amendment proposed (Minister for Equality and Law Reform):

“In page 24, subsection (2), line 22, to delete ‘section 10 (1)’ and substitute ‘section 10 (2)’.”

Amendment agreed to.

Section, as amended, agreed to.

(xiii) Title.

Amendment proposed (Minister for Equality and Law Reform):

“In page 4, line 5, to delete ‘NO.’.”

Amendment agreed to.

Title, as amended, agreed to.

4. Report of Committee.

The Chairman brought forward a Draft Report which was read as follows:—

“The Select Committee has considered the Bill and has made amendments thereto and has amended the Title to read as follows:—

AN ACT TO IMPLEMENT COUNCIL DIRECTIVE 92/85/EEC OF 19 OCTOBER 1992 ON THE INTRODUCTION OF MEASURES TO ENCOURAGE IMPROVEMENTS IN THE SAFETY AND HEALTH AT WORK OF PREGNANT WORKERS AND WORKERS WHO HAVE RECENTLY GIVEN BIRTH OR ARE BREASTFEEDING, TO RE-ENACT WITH AMENDMENTS THE PROVISIONS OF THE MATERNITY PROTECTION OF EMPLOYEES ACTS, 1981 AND 1991, TO ENTITLE A MALE EMPLOYEE TO LEAVE IN CERTAIN CASES WHERE THE MOTHER OF HIS CHILD DIES, TO EXTEND AS A CONSEQUENCE OF THE ABOVE-MENTIONED PROVISIONS THE PROTECTION AGAINST UNFAIR DISMISSALS CONFERRED BY THE UNFAIR DISMISSALS ACT, 1977, AND TO PROVIDE FOR RELATED MATTERS.

The Bill, as amended, is reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

5. Conclusion of Business.

The Committee concluded its consideration of the Bill at 11.25 a.m.

(vi) BILLE NA gCOLÁISTÍ TEICNIÚLA RÉIGIÚNACHA (LEASÚ), 1994

REGIONAL TECHNICAL COLLEGES (AMENDMENT) BILL, 1994

REPORT

The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.

(Signed) MICHAEL BELL,

Temporary Chairman.

25th November, 1994.

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Dé Céadaoin, 2 Samhain, 1994

Wednesday, 2nd November, 1994

1. The Committee met at 3.30 p.m.

2. Members Present.

The following members were present:—

Deputy Séamus Pattison (in the Chair), the Minister for Education, Deputies Michael Ahern, Michael Bell, Neil T. Blaney†, Paul Bradford, Matt Brennan, Austin Deasy*, Mary Flaherty, Pat Gallagher, Eamon Gilmore*, Jim Higgins, Seán Kenny, Helen Keogh, Michael P. Kitt, Jimmy Leonard, James McDaid*, Paul McGrath*, P. J. Morley, Donal Moynihan, Breeda Moynihan-Cronin, Rory O’Hanlon, Jim O’Keeffe* and Seán Ryan*.

3. Regional Technical Colleges (Amendment) Bill, 1994.

The Committee took the Bill into consideration.

(i) Section 1.

Amendment proposed (Deputy Eamon Gilmore):

“In page 2, between lines 11 and 12, to insert the following definition:

“the ‘Students’ Union” means the student representative body which is recognised by the governing body for the purposes of representing the students of the college.’.”

Question put: the Committee divided: For, 8; Against, 12.

For:—Deputies Paul Bradford, Austin Deasy, Mary Flaherty, Eamon Gilmore, Jim Higgins, Helen Keogh, Paul McGrath and Jim O’Keeffe.

Against:—The Minister for Education, Deputies Michael Ahern, Michael Bell, Matt Brennan, Pat Gallagher, Seán Kenny, Michael P. Kitt, James McDaid, Breeda Moynihan-Cronin, Rory O’Hanlon, Séamus Pattison and Seán Ryan.

The Question was declared negatived accordingly.

Further consideration of the Bill adjourned.

4. Adjournment.

The Committee adjourned at 5.15 p.m. sine die.

Déardaoin, 24 Samhain, 1994

Thursday, 24th November, 1994

1. The Committee met at 10.30 a.m.

2. Members Present.

The following members were present:—

The Minister for Education, Deputies Michael Ahern, Noel Ahern*, Bernard Allen, Michael Bell, Paul Bradford, Matt Brennan, Joe Costello*, Noel Davern, Austin Deasy*, Michael Finucane*, Frances Fitzgerald, Mary Flaherty, Charles Flanagan, Chris Flood*, Eamon Gilmore*, Seán Haughey*, Jim Higgins, Seán Kenny, Helen Keogh, Paul McGrath*, Tom Moffat, P. J. Morley, Donal Moynihan, Breeda Moynihan-Cronin, Rory O’Hanlon, Toddy O’Sullivan*, Eoin Ryan, Róisín Shorthall and Mary Wallace.

3. Election of Temporary Chairman.

Motion made (Deputy Breeda Moynihan-Cronin):

“That Deputy Michael Bell take the Chair.”

Question put, and agreed to.

Deputy Michael Bell took the Chair accordingly.

4. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 1 agreed to.

(ii) New section.

Amendment proposed (Minister for Education):

“In page 2, before section 2, to insert the following new section:

‘2.—(1) Where the Minister is satisfied, after considering the report of a person appointed under section 20 of the Principal Act, that the affairs of a college are not being managed in an effective manner, the Minister may by order appoint a person or a body of persons, hereinafter referred to as the Commission, to carry out such and so many of the functions of any or all of the governing body, the chairman or the Director or of any of them as the Minister may determine and upon such appointment that body or person shall cease to exercise the functions thereby vested in the Commission.

(2) A Commission appointed under subsection (1) shall have all such powers as are necessary or expedient for the purpose of carrying out the functions so vested and shall be appointed on such terms and for such period as the Minister decides, provided that in no case shall a Commission be appointed for a period longer than two years.

(3) Upon the appointment of a Commission the governing body, the chairman and the Director shall be informed of the reasons therefor and that body or person may, within fourteen days from the date of the appointment of the Commission show cause to the Minister why any functions vested in the Commission should not have been so vested and request the Minister to revest those functions in that body or person.

(4) A Commission in carrying out its functions may consult with and request information concerning the management of the affairs of the college from the governing body, the chairman or the Director, and in any such case that body or person shall provide any such information as is requested.

(5) The Minister may—

(a)remove a Commission, or any member thereof, from office, or

(b)vary the number of persons on the Commission.

(6) Where a Commission or a member thereof is removed from office within the two year term referred to in subsection (2), or where a member resigns or dies in office, the Minister may appoint another Commission or member as appropriate for the remainder of that term.

(7) Upon the termination of the appointment of a Commission, unless the Minister appoints another Commission, and in any case at the end of two years from the date of the first appointment, the functions vested in the Commission shall revest in the then acting governing body, chairman or Director.

(8) At any time prior to the termination of the appointment of a Commission, the Minister may by order revest any of the functions to which an order under subsection (1) applies in the body or person to which the order relates.

(9) The remuneration, if any, of every person appointed under subsection (1) or subsection (6) shall be paid out of moneys provided by the Oireachtas under the Principal Act.

(10) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.’.”

Debate ensued.

Further consideration of the Bill adjourned.

5. Meeting Suspended.

Ordered: That the Meeting be now suspended until 12.30 p.m.

The Meeting was accordingly suspended at 12.10 p.m.

The Meeting was resumed at 12.40 p.m.

6. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) New section.

The following amendment had been proposed by the Minister for Education on this day:

“In page 2, before section 2, to insert the following new section:

‘2.—(1) Where the Minister is satisfied, after considering the report of a person appointed under section 20 of the Principal Act, that the affairs of a college are not being managed in an effective manner, the Minister may by order appoint a person or a body of persons, hereinafter referred to as the Commission, to carry out such and so many of the functions of any or all of the governing body, the chairman or the Director or of any of them as the Minister may determine and upon such appointment that body or person shall cease to exercise the functions thereby vested in the Commission.

(2) A Commission appointed under subsection (1) shall have all such powers as are necessary or expedient for the purpose of carrying out the functions so vested and shall be appointed on such terms and for such period as the Minister decides, provided that in no case shall a Commission be appointed for a period longer than two years.

(3) Upon the appointment of a Commission the governing body, the chairman and the Director shall be informed of the reasons therefor and that body or person may, within fourteen days from the date of the appointment of the Commission show cause to the Minister why any functions vested in the Commission should not have been so vested and request the Minister to revest those functions in that body or person.

(4) A Commission in carrying out its functions may consult with and request information concerning the management of the affairs of the college from the governing body, the chairman or the Director, and in any such case that body or person shall provide any such information as is requested.

(5) The Minister may—

(a)remove a Commission, or any member thereof, from office, or

(b)vary the number of persons on the Commission.

(6) Where a Commission or a member thereof is removed from office within the two year term referred to in subsection (2), or where a member resigns or dies in office, the Minister may appoint another Commission or member as appropriate for the remainder of that term.

(7) Upon the termination of the appointment of a Commission, unless the Minister appoints another Commission, and in any case at the end of two years from the date of the first appointment, the functions vested in the Commission shall revest in the then acting governing body, chairman or Director.

(8) At any time prior to the termination of the appointment of a Commission, the Minister may by order revest any of the functions to which an order under subsection (1) applies in the body or person to which the order relates.

(9) The remuneration, if any, of every person appointed under subsection (1) or subsection (6) shall be paid out of moneys provided by the Oireachtas under the Principal Act.

(10) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.’.”

Amendment proposed to the proposed new section (Deputy Paul McGrath):

“After subsection (9), to insert the following subsection:

‘(10) This section shall, in relation to Letterkenny Regional Technical College have immediate effect and the Minister shall make the necessary order not later than two weeks after the enactment of this Act.’.”

Amendment to the proposed new section, by leave, withdrawn.

Question:—“That the new section be there inserted”—put, and agreed to.

Further consideration of the Bill adjourned.

7. Adjournment.

The Committee adjourned at 12.55 p.m. until 10.30 a.m. on Friday, 25th November, 1994.

Dé hAoine, 25 Samhain, 1994

Friday, 25th November, 1994

1. The Committee met at 10.30 a.m.

2. Members Present.

The following members were present:—

The Minister for Education, Deputies Theresa Ahearn, Michael Ahern, Noel Ahern*, Michael Bell, Paul Bradford, Joe Costello*, Mary Coughlan*, Noel Davern, Seán Doherty*, Frances Fitzgerald, Charles Flanagan, Helen Keogh, James McDaid*, Paul Mc Grath*, Ted Nealon*, Ned O’Keeffe* and Eoin Ryan.

3. Election of Temporary Chairman.

Motion made (Deputy Paul McGrath):

“That Deputy Michael Bell take the Chair.”

Question put, and agreed to.

Deputy Michael Bell took the Chair accordingly.

4. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) New sections.

Amendment proposed (Minister for Education):

“In page 2, before section 2, to insert the following new section:

‘3.—Section 9 of the Principal Act is hereby amended by the insertion of the following subsection:

“(4) Where an office of Director becomes vacant, the Minister may appoint a person to be the Director temporarily until a permanent appointment to the office is made and such temporary appointment may be terminated by the Minister at any time.”.’.”

Question:—“That the new section be there inserted”—put, and agreed to.

Amendment proposed (Deputy Paul McGrath):

“In page 2, before section 2, to insert the following new section:

‘2.—The Director of a college as defined in the Principal Act shall, from 1st January, 1995 be called “the President of the college”.’.”

Amendment, by leave, withdrawn.

(ii) Section 2.

Amendment proposed (Deputy Paul McGrath):

“In page 2, subsection (1) (a), line 16, to delete ‘three’ and substitute ‘two shall be women and at least two shall be men and of whom at least four (of the said six persons)’.”

Debate ensued.

Further consideration of the Bill adjourned.

5. Meeting Suspended.

Ordered: That the Meeting be now suspended until 11.50 a.m.

The Meeting was accordingly suspended at 11.30 a.m.

The Meeting was resumed at 11.45 a.m.

6. Consideration of Bill.

The Committee resumed consideration of the Bill.

(i) Section 2.

The following amendment had been proposed by Deputy Paul McGrath on this day:

“In page 2, subsection (1) (a), line 16, to delete ‘three’ and substitute ‘two shall be women and at least two shall be men and of whom at least four (of the said six persons)’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Paul McGrath):

“In page 2, subsection (1) (c), lines 29 to 32, to delete all words from and including ‘are’ in line 29 down to and including ‘August,’ in line 32 and substitute the following:

‘on or before the 1st day of November of the academic year in which the election takes place, this academic year being defined as the period beginning on the 1st day of September preceding the election and ending on the following 31st day of August, have a written contract’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Paul McGrath):

“In page 2, subsection (1) (d), line 38, to delete ‘are’ and substitute ‘is’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Paul McGrath):

“In page 3, subsection (1)(e), line 8, after ‘college’ to insert ‘(a registered student is one who follows an approved course of study of not less than six hours duration per week, in the relevant academic year, at the institution)’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Paul McGrath):

“In page 3, subsection (1), lines 16 to 24, to delete paragraph (g) and substitute the following:

Amendment, by leave, withdrawn.

Amendment proposed (Minister for Education):

“In page 3, subsection (1) (g), line 18, to delete ‘that committee’ and substitute ‘the college, on the recommendation of the academic council’.”

Amendment agreed to.

Section, as amended, agreed to.

(ii) Section 3 agreed to.

(iii) New section.

Amendment proposed (Deputy Paul McGrath):

“In page 4, before section 4, to insert the following new section:

‘4.—Section 9 of the Principal Act is hereby amended by the insertion after “college” of “for a term of five years, renewable, on the recommendation of the academic council, for a further five years”.’.”

Amendment, by leave, withdrawn.

(iv) Sections 4, 5 and 6 agreed to.

(v) Title agreed to.

7. Report of Committee.

The Temporary Chairman brought forward a Draft Report which was read as follows:—

“The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

8. Conclusion of Business.

The Committee adjourned at 1.30 p.m.

(vii) AN BILLE UM INSTITIÚID TEICNEOLAÍOCHTA BHAILE ÁTHA CLIATH (LEASÚ), 1994

DUBLIN INSTITUTE OF TECHNOLOGY (AMENDMENT) BILL, 1994

REPORT

The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.

(Signed) MICHAEL BELL,

Temporary Chairman.

25th November, 1994.

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Dé hAoine, 25 Samhain, 1994

Friday, 25th November, 1994

1. The Committee met at 10.30 a.m.

2. Members Present.

The following members were present:—

The Minister for Education, Deputies Theresa Ahearn, Michael Ahern, Noel Ahern*, Michael Bell, Paul Bradford, Joe Costello*, Mary Coughlan*, Noel Davern, Seán Doherty*, Frances Fitzgerald, Charles Flanagan, Helen Keogh, James McDaid*, Paul McGrath*, Ted Nealon*, Ned O’Keeffe* and Eoin Ryan.

3. Dublin Institute of Technology (Amendment) Bill, I994.

The Committee took the Bill into consideration.

(i) Section 1 agreed to.

(ii) New sections.

Amendment proposed (Minister for Education):

“In page 2, before section 2, to insert the following new section:

‘2.—(1) Where the Minister is satisfied, after considering the report of a person appointed under section 21 of the Principal Act, that the affairs of the Institute are not being managed in an effective manner, the Minister may by order appoint a person or a body of persons, hereinafter referred to as the Commission, to carry out such and so many of the functions of the Governing Body, the Chairman and the President or of any of them as the Minister may determine and upon such appointment that body or person shall cease to exercise the functions thereby vested in the Commission.

(2) A Commission appointed under subsection (1) shall have all such powers as are necessary or expedient for the purpose of carrying out the functions so vested and shall be appointed on such terms and for such period as the Minister decides, provided that in no case shall a Commission be appointed for a period longer than two years.

(3) Upon the appointment of a Commission the Governing Body, the Chairman and the President shall be informed of the reasons therefor and that body or person may, within fourteen days from the date of the appointment of the Commission, show cause to the Minister why any functions vested in the Commission should not have been so vested and request the Minister to revest those functions in that body or person.

(4) A Commission may consult with and request information concerning the management of the affairs of the Institute from the Governing Body, the Chairman or the President, and in any such case that body or person shall provide any such information as is requested.

(5) The Minister may—

(a)remove a Commission, or any member thereof, from office, or

(b)vary the number of persons on the Commission.

(6) Where a Commission or a member thereof is removed from office within the two year term referred to in subsection (2), or where a member resigns or dies in office, the Minister may appoint another Commission or member as appropriate for the remainder of that term.

(7) Upon the termination of the appointment of a Commission, unless the Minister appoints another Commission, and in any case at the end of two years from the date of the first appointment, the functions vested in the Commission shall revest in the then acting Governing Body, Chairman or President.

(8) At any time prior to the termination of the appointment of a Commission, the Minister may by order revest any of the functions to which an order under subsection (1) applies in the body or person to which the order relates.

(9) The remuneration, if any, of every person appointed under subsection (1) or subsection (5) shall be paid out of moneys provided by the Oireachtas under the Principal Act.

(10) Every order made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.’.”

Amendment proposed to the proposed new section (Deputy Paul McGrath):

“To delete subsection (10) and substitute the following:

‘(10) Every order made under this section shall be laid before and debated by each House of the Oireachtas and shall only have effect after a resolution endorsing the order has been passed by each House of the Oireachtas.’.”

Amendment to the proposed new section, by leave, withdrawn.

Question:—“That the new section be there inserted”—put, and agreed to.

Amendment proposed (Minister for Education):

“In page 2, before section 2, to insert the following new section:

‘3.—Section 9 of the Principal Act is hereby amended by the insertion of the following subsection:

“(4) Where an office of President becomes vacant, the Minister may appoint a person to be the President temporarily until a permanent appointment to the office is made and such temporary appointment may be terminated by the Minister at any time.”.’.”

Question:—“That the new section be there inserted”—put, and agreed to.

(iii) Section 2.

Amendment proposed (Deputy Paul McGrath):

“In page 2, subsection (1) (a), line 17, after ‘Committee’ to insert ‘of whom at least two shall be female and at least two shall be male and of whom at least four of these six persons shall be members of a local authority’.”

Amendment, by leave, withdrawn.

Amendment proposed (Deputy Paul McGrath):

“In page 2, subsection (1) (d), line 38, after ‘Institute’ to insert ‘(a registered student is one who follows an approved course of study of not less than six hours duration per week, in the relevant academic year, at the Institute)’.”

Amendment, by leave, withdrawn.

Amendment proposed (Minister for Education):

“In page 3, subsection (1) (g), line 9, to delete ‘that Committee’ and substitute ‘the Institute on the recommendation of the Academic Council’.”

Amendment agreed to.

Amendment proposed (Minister for Education):

“In page 3, lines 26 to 28, to delete subsection (4) and substitute the following:

‘(4) The provisions of paragraph (b) of subsection (1) shall apply, with effect from the 1st day of April, 1994, so far as it relates to the eligibility of staff to take part in any election to which that paragraph applies.’.”

Amendment proposed to the proposed amendment (Deputy Paul McGrath):

“In the first and second lines of subsection (4), to delete ‘1st day of April, 1994’ and substitute ‘date of the passing of this Act’.”

Amendment to the proposed amendment, by leave, withdrawn.

Main amendment agreed to.

Section, as amended, agreed to.

(iv) Section 3 agreed to.

(v) New section.

Amendment proposed (Deputy Paul McGrath):

“In page 4, before section 4, to insert the following new section:

‘4.—Section 11 (2) of the Principal Act is hereby amended by the insertion of the following paragraph:

Amendment, by leave, withdrawn.

(vi) Section 4 agreed to.

(vii) Section 5.

Amendment proposed (Deputy Paul McGrath):

“In page 4, subsection (4), line 29, to delete ‘1st day of January, 1994’ and substitute ‘date of the passing of this Act’.”

Amendment, by leave, withdrawn.

Section agreed to.

(viii) Section 6 agreed to.

(ix) Title agreed to.

4. Report of Committee.

The Temporary Chairman brought forward a Draft Report which was read as follows:—

“The Select Committee has considered the Bill and has made amendments thereto. The Bill, as amended, is reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

5. Conclusion of Business.

The Committee concluded its consideration of the Bill at 1.30 p.m.

(c) Meastacháin i gcomhair Seirbhísí Poiblí (1993)

(c) Estimates for Public Services (1993)

REPORT

The Select Committee has considered the Estimates for the Public Services (1993) for the following Departments:

Arts, Culture and the Gaeltacht

Health

Education

Social Welfare

and all other Estimates relevant to these Departments.

The Estimates are hereby reported to Dáil Éireann.

(Signed) SÉAMUS PATTISON, T.D.

22nd June, 1993.

(i) Vótaí 42-44 (An Grúpa Ealaíon, Cultúir agus Gaeltachta).

(i) Votes 42-44 (Arts, Culture and Gaeltacht Group).

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Dé hAoine, 21 Bealtaine, 1993.

Friday, 21 May, 1993.

1. The Select Committee met at 10 a.m.

2. Members Present.

The following Members were present:

Deputy Pattison (in the Chair), the Minister for Arts, Culture and the Gaeltacht, Deputies Bell, Bradfrod, Matt Brennan, Costello*, Creed, Davern, De Rossa*, de Valera, Frances Fitzgerald, Flaherty, Seán Kenny, Michael P. Kitt, Leonard, Moffat, Morley, Moynihan-Cronin, O’Donnell, O’Hanlon, Owen*, Quill, Eoin Ryan and Brendan Smith*.

3. Estimates for Public Services.

The Select Committee considered Estimates for Public Services for the year ending 31st December, 1993, in respect of:—

Vote 42 (Department of Arts, Culture and the Gaeltacht)

Vote 43 (National Gallery)

Vote 44 (An Chomhairle Ealaíon).

4. Adjournment.

The Select Committee adjourned at 1.40 p.m.

(ii) Vótaí 26-29 (An Grúpa Oideachais).

(ii) Votes 26-29 (Education Group).

Dé hAoine, 11 Meitheamh, 1993.

Friday, 11 June, 1993.

1. The Select Committee met at 10.15 a.m.

2. Members Present.

The following Members were present:

Deputy Pattison (in the Chair), Minister for Education, Deputies Aylward (Minister of State at the Department of Education), Noel Ahern*, Allen, Bell, Briscoe*, Byrne*, Callely*, Currie*, de Valera, Frances Fitzgerald, Flaherty, Flanagan, Foley*, Gilmore*, Jim Higgins, Seán Kenny, Michael P. Kitt, Leonard, McGrath*, Jim Mitchell*, Moffat, Moynihan, O’Donnell, Quill, Shortall, Brendan Smith*, Upton*, Mary Wallace and Walsh*.

3. Estimates for Public Services.

The Select Committee considered Estimates for Public Services for the year ending 31st December, 1993, in respect of:—

Vote 26 (Office of the Minister for Education)

Vote 27 (First-Level Education)

Vote 28 (Second-Level and Further Education).

Vote 29 (Third-Level and Further Education).

4. Meeting Suspended

Ordered: That the Meeting be now suspended until 1.45 p.m.

The Meeting was accordingly suspended at 1.10 p.m.

The Meeting resumed at 1.45 p.m.

5. Estimates for Public Services.

The Select Committee resumed consideration of the Estimates.

6. Adjournment

The Select Committee adjourned at 4 p.m.

(iii) Vóta 41 (Sláinte).

(iii) Vote 41 (Health).

Déardaoin, 17 Meitheamh, 1993.

Thursday, 17June, 1993.

1. The Select Committee met at 10.15 a.m.

2. Members Present.

The following Members were present:

Deputy Pattison (in the Chair), Minister for Health, Deputies Theresa Ahearn, Michael Ahern, Allen, Bell, Matt Brennan, Creed, de Valera, Frances Fitzgerald, Flaherty, Flanagan, Pat Gallagher, Jim Higgins, Seán Kenny, Michael P. Kitt, Leonard, McManus, Moffat, Morley, Moynihan, Moynihan-Cronin, O’Donnell, O’Hanlon, Quill and Mary Wallace.

3. Estimates for Public Services.

The Select Committee considered an Estimate for Public Services for the year ending 31st December, 1993, in respect of:—

Vote 41 (Health).

4. Meeting Suspended

Ordered: That the Meeting be now suspended until 1.50 p.m.

The Meeting was accordingly suspended at 12.55 p.m.

The Meeting resumed at 1.50 p.m.

5. Estimates for Public Services.

The Select Committee resumed consideration of the Estimate.

6. Adjournment

The Select Committee adjourned at 4.10 p.m. until 10.15 a.m. on Tuesday, 22nd June, 1993.

(iv) Vóta 40 (Leas Sóisialach).

(iv) Vote 40 (Social Welfare).

Dé Máirt, 22 Meitheamh, 1993.

Tuesday, 22nd June, 1993.

1. The Select Committee met at 10.15 a.m.

2. Members Present.

The following Members were present:

Deputy Pattison (in the Chair), Minister for Social Welfare, Deputies Theresa Ahearn, Michael Ahern, Bell, Bradford, Matt Brennan, Creed, De Rossa*, Frances Fitzgerald, Brian Fitzgerald*, Flaherty, Pat Gallagher, Jim Higgins, Seán Kenny, Leonard, Moffat, Morley, Moynihan, Moynihan-Cronin, O’Donnell and O’Hanlon.

3. Estimates for Public Services.

The Select Committee considered an Estimate for Public Services for the year ending 31st December, 1993, in respect of:—

Vote 40 (Social Welfare).

4. Meeting Suspended

Ordered: That the Meeting be now suspended until 1.30 p.m.

The Meeting was accordingly suspended at 12.30 p.m.

The Meeting resumed at 1.30 p.m.

5. Estimates for Public Services.

The Select Committee resumed consideration of the Estimate.

6. Report of the Committee.

The Select Committee has considered the Estimates for Public Services (1993) for the following Departments: Arts, Culture and the Gaeltacht, Health, Education, Social Welfare, and all other Estimates relevant to these Departments.

The Estimates are hereby reported to Dáil Éireann.

Draft Report agreed to.

Ordered: To report accordingly.

6. Adjournment

The Select Committee adjourned at 4.05 p.m.

Meastacháin Fhorlíontacha i gcomhair Seirbhísí Poiblí (1993)

Supplementary Estimates for Public Services (1993)

REPORT

The Select Committee has considered the following supplementary Estimates for the service of the year ending on the 31st day of December, 1993:

Vote 26 (Office of the Minister for Education)

Vote 27 (First Level Education)

Vote 28 (Second Level and Further Education)

Vote 29 (Third Level and Further Education)

Vote 40 (Social Welfare)

Vote 41 (Health)

The Supplementary Estimates are hereby reported to Dáil Éireann.

(Signed) MICHAEL BELL, T.D.,

Acting Chairman.

15th December, 1993.

(v) Vóta 41 (Sláinte) (Meastachán Forlíontach).

(v) Vote 41 (Health) (Supplementary Estimate).

IMEACHTAÍ AN ROGHCHOISTE

PROCEEDINGS OF THE SELECT COMMITTEE

Déardaoin, 9 Nollaig, 1993

Thursday, 9th December, 1993

1. The Committee met at 2.30 p.m.

2. Members Present.

The following members were present:—

Deputy Pattision (in the Chair), Minister for Health, Deputies Michael Ahern, Allen, Bell, Bradford, Matt Brennan, Broughan*, Creed, Flanagan, Pat Gallagher, Seán Kenny, Michael P. Kitt, Leonard, McManus, Moffat, Morley, Moynihan, Moynihan-Cronin, O’Donnell* and O’Hanlon.

3. Estimates for Public Services.

The Select Committee considered a Supplementary Estimate for Public Services for the Year ending 31st December, 1993 in respect of:—

Vote 41 (Health) (Supplementary Estimate).

4. Adjournment.

The Select Committee adjourned at 4.30 p.m.

(vi) Votes 26-29 (Education Group) and (Supplementary Estimate).

(vii) Vote 40 (Social Welfare) (Supplementary Estimate).

Dé Céadaoin, 15 Nollaig, 1993

Wednesday, 15th December, 1993

1. The Select Committee met at 7 p.m.

2. Members Present.

The following members were present:—

Minister for Education, Minister for Social Welfare, Deputies Theresa Ahearn, Michael Ahern, Allen, Bell, Bradford, Matt Brennan, Flanagan, Pat Gallagher, Jim Higgins, Seán Kenny, Keogh, Michael P. Kitt, Moynihan, Moynihan-Cronin, Shortall and Mary Wallace.

3. Election of Temporary Chairman.

Motion made (Deputy Pat Gallagher):

“That Deputy Bell take the Chair.”

Question put, and agreed to.

Deputy Bell took the Chair accordingly.

4. Estimates for Public Services.

The Select Committee considered Supplementary Estimates for Public Services for the Year ending 31st December, 1993 in respect of:—

Vote 26 (Office of the Minister for Education) (Supplementary Estimate).

Vote 27 (First Level Education) (Supplementary Estimate).

Vote 28 (Second Level and Further Education) (Supplementary Estimate).

Vote 29 (Third Level and Further Education) (Supplementary Estimate).

Vote 40 (Social Welfare) (Supplementary Estimate).

5. Report of the Committee.

The Chairman brought forward a Draft Report which was read as follows:

“The Select Committee has considered the following Supplementary Estimates for the service of the Year ending 31st December, 1993: Vote 26 — Office of the Minister for Education; Vote 27 — First Level Education; Vote 28 — Second Level Education; Vote 29 — Third Level Education, Vote 40 — Social Welfare and Vote 41 — Health. The Supplementary Estimates are hereby reported to the Dáil.”

Draft Report agreed to.

Ordered: to report accordingly.

6. Adjournment.

The Select Committee adjourned at 8.30 p.m.

(d) Meastacháin i gcomhair Seirbhísí Poiblí (1994)

(d) Estimates for Public Services (1994)

REPORT

The Select Committee has considered the Estimates for Public Services (1994) for the Department of Education. (Votes 26-29):

The Estimates are hereby reported to Dáil Éireann.

(Signed) SÉAMUS PATTISON, T.D.

15th June, 1994.

(i) Vótaí 26-29 (An Grúpa Oideachais).

(i) Votes 26-29 (Education Group).

Dé Céadaoin, 18 Bealtaine, 1994

Wednesday, 18th May, 1994

1. The Select Committee met at 11.45 a.m.

2. Members Present.

The following members were present:—

The Minister for Education, Deputies Liam Aylward, (Minister of State at the Department of Education), Michael Ahern, Allen, Bell, Bradford, Matt Brennan, Connor,* Creed, Cullen, Deenihan,* Finucane,* Flaherty, Flanagan, Gallagher, Gilmore, Jim Higgins, Seán Kenny, Michael P. Kitt, Leonard, McGinley,* McGrath,* Moffatt, Morley, Moynihan, Moynihan-Cronin, O’Hanlon, Quill,* Ryan, Shortall and Walsh*.

3. Election of Temporary Chairman.

Motion made (Deputy Pat Gallagher):

“That Deputy Michael Bell take the Chair.”

Question put, and agreed to.

Deputy Michael Bell took the Chair accordingly.

4. Estimates for Public Services.

The Select Committee considered Estimates for Public Services for the year ending 31 December, 1994 in respect of:—

Vote 26 (Office of the Minister for Education)

Vote 27 (First Level Education)

Vote 28 (Second Level and Further Education)

Vote 29 (Third Level and Further Education)

5. Meeting Suspended.

Ordered: That the Meeting be now suspended until 2.45 p.m.

The Meeting was accordingly suspended at 1.50 p.m.

The Meeting was resumed at 2.45 p.m.

6. Estimates for Public Services.

The Select Committee resumed consideration of the Estimates.

7. Adjournment.

The Select Committee adjourned at 4.25 p.m.

REPORT

The Select Committee has considered the Estimates for the Public Services (1994) for the following Departments:

Health

Arts, Culture and the Gaeltacht

Social Welfare

and all other Estimates relevant to these Departments.

The Estimates are hereby reported to the Dáil.

(Signed) SÉAMUS PATTISON, T.D.

16th June, 1994.

(ii) Vóta 41 (Sláine)

(ii) Vote 41 (Health)

Dé Máirt, 31 Bealtaine, 1994

Tuesday, 31st May, 1994

1. The Select Committee met at 2.30 p.m.

2. Members Present.

The following members were present:—

Deputy Seamus Pattison (in the Chair), The Minister for Health, Deputies Bell, Bradford, Matt Brennan, Durkan,* Frances Fitzgerald, Flanagan, Gallagher, Seán Kenny, Leonard, McManus, Moynihan-Cronin, O’Donnell* and Power*.

3. Estimates for Public Services.

The Select Committee considered an Estimate for Public Services for the year ending 31 December, 1994 in respect of:—

Vote 41 (Health)

4. Adjournment.

The Committee adjourned at 5.15 p.m.

(iii) Vótaí 42-44 (An Grúpa Ealaíon, Cultúir agus Gaeltachta).

(iii) Votes 42-44 (Arts, Culture and Gaeltacht Group).

Dé Céadaoin, 15 Meitheamh, 1994

Wednesday, 15th June, 1994

1. The Select Committee met at 3 p.m.

2. Members Present.

The following members were present:—

Deputy Seamus Pattison (in the Chair), The Minister for Arts Culture and the Gaeltacht, Deputies Theresa Ahearn, Bell, Bradford, Creed, De Rossa,* Moffatt, Morley, O’Hanlon, Quill,*and Brendan Smith*.

3. Estimates for Public Services.

The Select Committee considered Estimates for Public Services for the year ending 31 December, 1994 in respect of:—

Vote 42 (Arts, Culture and Gaeltacht)

Vote 43 (National Gallery)

Vote 44 (An Chomhairle Ealaíon)

4. Report of the Committee.

The Chairman brought forward a Draft Report which was read as follows:

“The Select Committee has considered the Estimates for Public Services (1994) for the Department of Education (Votes 26-29)

The Estimates are hereby reported to Dáil Éireann.”

Draft Report agreed to.

Ordered: To report accordingly.

5. Adjournment.

The Committee adjourned at 5.30 p.m.

(iv) Vóta 40 (Leas Sóisialach)

(iv) Vote 40 (Social Welfare)

Déardaoin, 16 Meitheamh, 1994.

Thursday, 16 June, 1994.

1. The Select Committee met at 11 a.m.

2. Members Present.

The following members were present:—

Deputy Seamus Pattison (in the Chair), Deputy Michael Woods, The Minister for Social Welfare, Deputies Theresa Ahearn, Allen, Bell, Bradford, Matt Brennan, De Rossa,* Foley,* Gallagher, Leonard, Morley, Moynihan-Cronin and O’Hanlon.

3. Consideration of Estimates for Public Services.

The Select Committee considered an Estimate for the Public Service for the year ending 31 December, 1994 in respect of:—

Vote 40 (Social Welfare)

4. Meeting Suspended.

Ordered: That the Meeting be now suspended until 2 p.m.

The Meeting was accordingly suspended at 1 p.m.

The Meeting was resumed at 2 p.m.

5. Estimates for Public Services.

The Select Committee resumed consideration of the Estimate.

6. Report of the Committee.

The Chairman brought forward a Draft Report which was read as follows:

“The Select Committee has considered the Estimates for Public Services for 1994 for the following Departments: Health, Arts, Culture and the Gaeltacht, Social Welfare and all other Estimates relevant to these Departments. The Estimates are hereby reported to the Dáil.”

Draft Report agreed to.

Ordered: To report accordingly.

7. Adjournment.

The Committee adjourned at 2.45 p.m.

*In substitution for Deputies Bradford, Matt Brennan, Pat Gallagher, Michael P. Kitt, Leonard, Shortall, Mary Wallace, respectively, in accordance with paragraph (9) of the Orders of Reference of the Select Committee.

* Pursuant to paragraph (9) of the Orders of Reference of the Select Committee Deputies Briscoe, Harney and Shatter substituted for Deputies Leonard, Quill and Frances Fitzgerald respectively; and Deputies Costello and Gay Mitchell substituted for Deputies Moynihan-Cronin and Flanagan respectively (for part of the meeting).

†Deputy O’Dea (Minister of State at the Department of Justice) substituted for the Minister for Equality and Law Reform pursuant to paragraph 3 of the Orders of Reference of the Select Committee.

*Pursuant to paragraph (9) of the Orders of Reference of the Select Committee Deputies Broughan, Connor and Shatter substituted for Deputies Gallagher, Flanagan and Jim Higgins respectively; and Deputy Gay Mitchell substituted for Deputy Allen (for part of the meeting).

**Deputies Michael McDowell and Ned O’Keeffe attended pursuant to paragraph (16) of the Orders of Reference of the Select Committee.

*Pursuant to paragraph (9) of the Orders of Reference of the Select Committee Deputies Broughan, Byrne, Michael McDowell, Ó Cuív, Ned O’Keeffe and Shatter substituted for Deputies Gallagher, Morley, Quill, de Valera, Michael P. Kitt and Allen respectively; Deputy McGrath substituted for Deputy Frances Fitzgerald (for part of the meeting); Deputies Noel Ahern and Kenneally substituted alternately for Deputy Michael Ahern (for part of the meeting); and Deputies McGrath and Gay Mitchell substituted alternately for Deputy Flanagan (for part of the meeting).

*Pursuant to paragraph (9) of the Orders of Reference of the Select Committee Deputies Shatter and Sheehan substituted for Deputies Allen and Creed respectively.

*Pursuant to paragraph (9) of the Orders of Reference of the Select Committee Deputies Clohessy, Doyle, Mulvihill and Sheehan substituted for Deputies Cullen, Allen, Pat Gallagher and Frances Fitzgerald respectively.

*Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputies Byrne, Callely, Connaughton, De Rossa and McGrath substituted for Deputies Eoin Ryan, Davern, Jim Higgins, McManus and Flaherty respectively; Deputies Penrose and Eamonn Walsh substituted alternately for Deputy Moynihan-Cronin; Deputies Boylan and Brendan Smith substituted for Deputies Bradford and Leonard respectively (for part of the meeting); and Deputy Penrose substituted for Deputies Seán Kenny and Shortall alternately (for part of the meeting).

*Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputy Máirín Quill substituted for Deputy Helen Keogh.

*Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputies Andrew Boylan, John Browne (Carlow-Kilkenny), Jimmy Deenihan, Brian Fitzgerald, Denis Foley, Séamus Kirk, Ted Nealon and Máirín Quill substituted for Deputies Theresa Ahearn, Frances Fitzgerald, Mary Flaherty, Pat Gallagher, Noel Davern, Rory O’Hanlon, Charles Flanagan and Helen Keogh respectively.

*Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputy Brendan Smith substituted for Deputy Jimmy Leonard.

†Deputy Neil T. Blaney attended pursuant to paragraph (16) of the Orders of Reference of the Select Committee.

*Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputies Austin Deasy, Eamon Gilmore, James McDaid, Paul McGrath, Jim O’Keeffe and Seán Ryan substituted for Deputies Michael Creed, Liz McManus, Noel Davern, Frances Fitzgerald, Theresa Ahearn and Róisín Shorthall respectively.

*Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputies Joe Costello, Austin Deasy, Chris Flood, Eamon Gilmore, Paul McGrath and Toddy O’Sullivan substituted for Deputies Pat Gallagher, Theresa Ahearn, Síle De Valera, Liz McManus, Michael Creed and Séamus Pattison respectively; and Deputies Noel Ahern, Michael Finucane and Seán Haughey substituted for Deputies Noel Davern, Jim Higgins and Mary Wallace respectively (for part of the meeting).

*Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputies Noel Ahern, Joe Costello, Mary Coughlan, Seán Doherty, Paul McGrath and Ted Nealon substituted for Deputies P. J. Morley, Pat Gallagher, Rory O’Hanlon, Tom Moffat, Jim Higgins and Michael Creed respectively; and Deputies James McDaid and Ned O’Keeffe substituted alternately for Deputy Noel Davern (for part of the meeting).

*Pursuant to paragraph (9) of the Orders of Reference of the Select Committee, Deputies Noel Ahern, Joe Costello, Mary Coughlan, Seán Doherty, Paul McGrath and Ted Nealon substituted for Deputies P. J. Morley, Pat Gallagher, Rory O’Hanlon, Tom Moffat, Jim Higgins and Michael Creed respectively; and Deputies James McDaid and Ned O’Keeffe substituted alternately for Deputy Noel Davern (for part of the meeting).

*In substitution for Deputies Pat Gallagher (Laois-Offaly), McManus, Allen and Moynihan respectively, in accordance with paragraph (9) of the Orders of Reference of the Select Committee.

*In substitution for Deputies Eoin Ryan, O’Hanlon, Matt Brennan, Davern, Theresa Ahearn, Michael Ahern, McManus, Creed, Bradford, Morley, Pat Gallagher, Moynihan-Cronin, respectively, in accordance with paragraph (9) of the Orders of Reference of the Select Committee.

*In substitution for Deputies McManus and Shortall, in accordance with paragraph (9) of the Orders of Reference of the Select Committee.

*In substitution for Deputies Shortall and Cullen, in accordance with paragraph (9) of the Orders of Reference of the Select Committee.

*In substitution for Deputies Theresa Ahearn, Flanagan (for part of meeting), Bradford (for part of meeting), McManus, Jim Higgins (for part of meeting), Francis Fitzgerald, Keogh and Pattison respectively in accordance with paragraph (9) of the Orders of Reference of the Select Committee.

*In substitution for Deputies Theresa Ahearn, Cullen and Morley respectively in accordance with paragraph (9) of the Orders of Reference of the Select Committee.

*In substitution for Deputies McManus, Cullen and Leonard respectively in accordance with paragraph (9) of the Orders of Reference of the Select Committee.

*In substitution for Deputies McManus and de Valera respectively in accordance with paragraph (9) of the Orders of Reference of the Select Committee.