PART VII

Amendment of Industrial Development Acts, 1986 to 1995

43. — Section 28 of the Act of 1986 is hereby amended by the deletion in subsection (1) of “Following consultation with An Comhairle Oiliúna,”.

44. —(1) Section 2 (1) of the Act of 1993 is hereby amended by—

(a) the deletion of the definition of “Agency”, and

(b) the substitution for the definition of “the Minister” of the following definitions:

“‘the Minister’ means the Minister for Enterprise, Trade and Employment;

‘subsidiary’ means a subsidiary acquired or formed and registered by either Forfás or IDA pursuant to section 5 of the Industrial Development Act, 1995 .”.

(2) The Act of 1993 (other than section 9(3) thereof and paragraph 2(2) of the Second Schedule thereto) is hereby amended by the substitution for “each Agency” and “either Agency” in each place those words occur of “IDA”.

(3) Section 9 (1) and (2) of the Act of 1993 is hereby amended by the substitution for “Forbairt” of “Enterprise Ireland”.

(4) Section 9 (3) of the Act of 1993 is hereby amended by the substitution for “and each Agency” of “, Enterprise Ireland and IDA”.

(5) This section shall come into operation on the establishment day.

45. —(1) Section 6 of the Act of 1993 is hereby amended—

(a) by the substitution for paragraphs (b) and (c) of the following paragraphs:

“(b) to advise on the development and co-ordination of policy for Enterprise Ireland, IDA and such other bodies (established by or under statute) as the Minister may by order designate,

(c) to encourage the development of industry, science and technology, innovation, marketing and human resources in the State,”,

and

(b) in paragraph (e), by the substitution for “Forbairt” of “Enterprise Ireland”, and

(c) by the insertion after subsection (2) of the following subsection:

“(3) Every order made by the Minister 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 subsequent 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.”.

(2) This section shall come into operation on the establishment day.

46. —(1) Section 10 of the Act of 1993 is hereby amended by the substitution for subsections (2) and (3) of the following subsections:

“(2) The Board of Forfás or IDA may establish committees to assist and advise it in relation to the performance of any of its functions.

(3) The Board may delegate to a committee any of its functions which, in its opinion, can be better or more conveniently exercised or performed by a committee.

(4) The Board shall decide the terms of reference for any committee established by it and may regulate the procedure of any such committee.

(5) The members of a committee shall be appointed by the Board which established it.

(6) A committee shall consist of such number of members as the Board which established it thinks proper.

(7) A committee may include persons who are not members of the Board or staff of Forfás or IDA.

(8) A member of a committee who fails to perform his or her functions may be removed at any time for stated reasons by the Board who appointed him or her.

(9) The Board may at any time dissolve a committee established by it.

(10) The Board may appoint a person to be chairperson of a committee established by it.

(11) The acts of a committee shall be subject to confirmation by the Board which established it save where the Board dispenses with the necessity for such confirmation.

(12) There shall be paid out of the income of Forfás or IDA to members of a committee established by it such allowances for expenses incurred by them in the discharge of their functions as the Board concerned may determine with the consent of the Minister and the Minister for Finance.

(13) In this section ‘a committee’ means a committee of Forfás or IDA established under this section.”.

(2) Any committee established by Forfás or IDA under section 10 (2) of the Act of 1993 which was in being immediately before the passing of this Act shall continue as if established under that section as so amended by this section.

47. —(1) The First Schedule to the Act of 1993 is hereby amended—

(a) in paragraph 3(1), by the substitution for “the date of the commencement of this Act” of “the establishment day”, and

(b) in paragraph 4, by the deletion of subparagraph (3).

(2) The Second Schedule to the Act of 1993 is hereby amended—

(a) in paragraph 2, by the substitution in subparagraph (2) for “either Agency or any other body established under this Act” of “IDA, Enterprise Ireland or the National Standards Authority of Ireland”,

(b) in paragraph 3, by the insertion after subparagraph (3) of the following:

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

and

(c) the substitution for paragraphs 4 and 5 of the following paragraph—

“4. (1) Save as otherwise provided by law and paragraph 3, a person shall not without the consent of the Board, other than in respect of clause (f) of this subparagraph, disclose any information obtained by him or her while performing (or as a result of having performed) duties as—

(a) a member of the Board,

(b) the Chief Executive Officer,

(c) a member of the staff of Forfás or IDA or of Forfás seconded to IDA,

(d) a member of a committee established under section 10(2),

(e) an adviser or consultant to Forfás or IDA or an employee of such person whilst performing duties relating to such advice or consultation,

(f) a member of the board or staff of, or adviser or consultant to or an employee of such person relating to such advice or consultation, any subsidiary, without the consent of the board of the subsidiary.

(2) A person who contravenes subparagraph (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(3) Nothing in this section shall prevent disclosure of information in a report made to Forfás or IDA or on behalf of Forfás or IDA to the Minister.”.

(3) Paragraph (a) of subsection (1) and paragraphs (a) to (c) of subsection (2) shall come into operation on the establishment day.

48. —(1) The Act of 1995 is hereby amended—

(a) in section 5, by the substitution for subsection (5) of the following subsection:

“(5) In this section ‘industrial development body’ means Forfás, IDA or Enterprise Ireland.”,

(b) in section 6, by the substitution—

(i) in subsection (1) for “and the Agencies” of “IDA and Enterprise Ireland”,

(ii) in subsection (2), for “an Agency” of “IDA or Enterprise Ireland”,

(iii) in subsection (3)(b), for “the Agencies” of “IDA and Enterprise Ireland”, and

(iv) in subsection (5), for “the Agencies” of “IDA and Enterprise Ireland”,

and

(c) in section 9, by the substitution for “or the Agencies” of “, IDA or Enterprise Ireland”.

(2) This section shall come into operation on the establishment day.