 Resignation of Member. Order of Business.  Companies (Amendment) Bill 2009: Report and Final Stages.
Acting Chairman (Senator Mark Daly):   I remind Senators that they may speak only once on Report Stage, except the + Senator Joe O’Toole: I move amendment No. 1:+++++++  4 o’clock Senator Ciaran Cannon: I second the amendment. Senator Ivor Callely: I listened with interest to Senator O’Toole’s contribution. He ++++++++ Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): I commend the Senators on the comments they made in respect of this matter. ++ Senator Joe O’Toole: Is the Minister of State indicating that the provision to which he refers was + Deputy Billy Kelleher: It is not as if it was never discussed. It was discussed. Senator Joe O’Toole: Was it ever initiated? Deputy Billy Kelleher: Is the Senator inquiring if it has been commenced? Senator Joe O’Toole: Yes. Deputy Billy Kelleher: No, it has not been commenced. The company law review group was requested to ++++ Senator Joe O’Toole: That was a major statement on the part of the director. Senator Ivor Callely: Has something changed? Deputy Billy Kelleher: We took the Senator’s views on board and they were discussed and brought + Senator Joe O’Toole: Who accepts the Government’s right to legislate. Deputy Billy Kelleher: ——it is a matter for Government to legislate. The director also ++ Senator Joe O’Toole: I am disappointed with the response. I accept the Minister of State spoke to a ++++++++++ + Deputy Billy Kelleher: It is shrinking. We are consolidating legislation. Senator Joe O’Toole: The last time we tried to do that was in 1990. I was a Member of this House on ++++++++++ Senator Ivor Callely: Well done. Amendment put. The Seanad divided: Tá, 18; Níl, 26.
Amendment declared lost. Acting Chairman (Senator Paul Bradford): Amendments Nos. 2, 3, 5 and 7 are related and amendment No. 6 is an alternative + Government amendment No. 2: In page 5, line 37, to delete “subsections (2D) to (2F)” and substitute “subsections (2D) to (2G)”.
Deputy Billy Kelleher: The Tánaiste and Minister for Enterprise, Trade and Employment gave an +  5 o’clock Senator Ciaran Cannon: I welcome the Minister of State, Deputy Kelleher, to the House and thank him ++ Deputy Billy Kelleher: The issue regarding the Data Protection Acts will be dealt with separately as + Senator Ciaran Cannon: Very well. Amendment agreed to. Government amendment No. 3: In page 6, lines 6 and 7, to delete “subsections (2D) to (2F)” and substitute “subsections (2D) to (2G)”.
Amendment agreed to. Senator Ciaran Cannon: I move amendment No. 4:+++ Deputy Billy Kelleher: During the Committee Stage debate, the Tánaiste informed Senator Cannon ++ Acting Chairman: In the absence of a seconder, amendment No. 4 lapses. Government amendment No. 5: In page 8, to delete lines 3 to 20 and substitute the following:
“(2F) Where an extended power of seizure is exercised, it shall be the duty of the officer—
(a) to carry out the determination or separation concerned as soon as practicable, and, in any event, subject to subsection (2G), within the prescribed period, after its exercise, and
(b) as respects anything seized in exercise of the power found not to be material information or, as the case may be, anything separated from another thing in the exercise of the power that is not material information, to return, as soon as practicable, and, in any event, subject to subsection (2G), within the prescribed period, after that finding or separation, the thing to its owner or the person appearing to the officer to be lawfully entitled to the custody or possession of it.
(2G) On application to the court by the Director or any person affected by the exercise of an extended power of seizure, the court may, if it thinks fit and having had regard, in particular, to any submissions made on behalf of the Director with regard to the progress of any investigation being carried on by the Director for the purpose of which the powers under this section had been exercised, give one or more of the following:
(a) a direction that the doing of an act referred to in subsection (2F)(a) or (b) shall be done within such lesser or greater period of time than that specified in that provision as the court determines,
(b) a direction with respect to the making, variation or operation of arrangements referred to in subsection (2D)(a) to (c) in relation to a thing concerned or a direction that such arrangements as the court provides for in the direction shall have effect in place of any such arrangements that have been or were proposed to be made,
(c) a direction of any other kind that the court considers it just to give for the purpose of further securing the rights of any person affected by the exercise of an extended power of seizure, including, if the exceptional circumstances of the case warrant doing so, a direction that a thing seized be returned to its owner or the person appearing to the court to be lawfully entitled to the custody or possession of it, notwithstanding that the determination or separation concerned has not occurred,
and any such direction may—
(i) relate to some or all of the things the subject of the exercise of the extended power of seizure,
(ii) be expressed to operate subject to such terms and conditions as the court specifies, including, in the case of a direction under paragraph (c), a condition that an officer of the Director be permitted, during a specified subsequent period, to re-take and retain possession of the thing returned for the purpose of carrying out the determination or separation concerned (and, retain after the expiry of that period, that which is found to be material information or is material information).
(2H) An application under subsection (2G) shall be by motion and may, if the court directs, be heard otherwise than in public.
(2I) In subsection (2F) ‘prescribed period’ means—
(a) in the case of paragraph (a) of it—
(i) unless subparagraph (ii) applies, 3 months, or
(ii) such other period as the Minister prescribes in consequence of a review that may, from time to time, be carried out by or on behalf of the Minister of the operation and implementation of the amendments effected by section 5 of the Companies (Amendment) Act 2009,
(b) in the case of paragraph (b) of it—
(i) unless subparagraph (ii) applies, 7 days, or
(ii) such other period as the Minister prescribes in consequence of such a review that may, from time to time, be carried out by or on behalf of the Minister,
but no regulations made to prescribe such a period shall be read as operating to affect any direction given by the court under subsection (2G)(a) in force on the commencement of those regulations. (2J) The Minister may make regulations providing for such supplementary, consequential and incidental matters to or in respect of subsections (2A) to (2F) as he considers necessary or expedient.”;”.
Amendment agreed to. Amendments Nos. 6 to 8, inclusive, not moved. Bill, as amended, received for final consideration. Question proposed: “That the Bill do now pass.” Minister of State at the Department of Enterprise, Trade and Employment (Deputy Billy Kelleher): I thank the staff of the Seanad and I thank the Members for their contributions, + Senator Ivor Callely: I thank my good friend and colleague, the Minister of State, Deputy Kelleher, + Senator Ciaran Cannon: A few weeks ago, we started to try to strike a good balance between conferring + Question put and agreed to. Sitting suspended at 5.20 p.m. and resumed at 5.35 p.m. Aviation (Preclearance) Bill 2009: Order for Second Stage. Aviation (Preclearance) Bill 2009: Second Stage. |