An act to make better provision for agricultural advice, training and research and for that purpose to establish a body to be known as an chomhairle oiliuna talmhaiochta, to provide for its powers and duties and to amend the agriculture (an foras taluntais) act, 1958 and the national agricultural advisory, education and research authority act, 1977 , and to provide for other matters connected with the matters aforesaid.
This Act may be cited as the Agriculture (An Chomhairle Oiliúina Talmhaíochta) Act, 1979.
(2)
This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or by reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions.
The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
There shall be established a body to be known as An Chomhairle Oiliúna Talmhaíochta to perform the functions given to it by the Act of 1977 as amended by this Act.
(2)
The provisions of the First Schedule to the Act of 1977, as amended by this Act, shall apply to An Chomhairle.
(3)
In section 2 (1) of the Act of 1977, the definition of "the Authority" shall be deleted and the following definition shall be substituted:
"'An Chomhairle' means An Chomhairle Oiliúna Talmhaíochta established under section 5 of the Agriculture (An Chomhairle Oiliúna Talmhaíochta) Act, 1979;"
and, accordingly, the Act of 1977 shall have effect as if each reference therein the Authority were a reference to An Chomhairle.
The National Agricultural Authority established under section 9 of the Act of 1977 is hereby dissolved.
7-
General functions of An Chomhairle
(1)
An Chomhairle shall have the general functions, subject to the provisions of the Act of 1977, as amended by this Act, of providing or causing to be provided, training and advisory services in agriculture (as defined in that Act) and making available the scientific and practical knowledge required by the agricultural industry.
(2)
The references in section 12 and section 15 of the Act of 1977 to section 11 of that Act shall be construed as references to subsection (1) of this section.
There shall be a Board to be known as Bord na Comhairle Oiliúna Talmhaíochta to carry out the general government of An Chomhairle and the general administration of the affairs of An Chomhairle.
(2)
The provisions of the Second Schedule to the Act of 1977 as amended by this Act shall apply to the Board.
(3)
In section 2 (1) of the Act of 1977, the definition of "the Board" shall be deleted and the following definition shall be substituted:
"the Board" means the Board, established under section 8 of the Agriculture (An Chomhairle Oiliúna Talmhaiochta) Act, 1979, of An Chomhairle;"
and, accordingly, the Act of 1977 shall have effect as if each reference therein to the Board were a reference to the Board established under subsection (1) of this section.
(4)
The references in section 26 (3) (b) of, and in paragraph 7 (1) of the Second Schedule to, the Act of 1977, to section 25 of that Act shall be construed as references to subsection (1) of this section.
by the substitution for subsection (1) of the following subsection:
"(1)
The Board shall consist of a chairman and not more than fifteen ordinary members.",
(b)
by the, substitution in subsection (3) (a) for "at least one member", where those words first occur, of "at least three members, two of whom shall be members of the Council of the Institute,"; and
(c)
by the deletion in subsection (3) (a) of "the Universities."
and the said paragraph (a) as so amended, is set out in the Table to this section.
TABLE
(a)
One member of the Board shall be appointed on the nomination of the Minister for Education, at least three members, two of whom shall be members of the Council of the Institute, on the nomination of the Minister, and at least one member on the nomination of the General Council referred to in section 43. The remaining members, who shall be representative of agricultural and rural organisations, the staff of An Chomhairle, institutions providing courses of study in agriculture mentioned in section 12 (1) (d) and such other agricultural interests as may be prescribed, shall be selected for nomination in accordance with the provisions of an order made for that purpose by the Minister and any such order shall indicate the procedure for filling casual vacancies in the membership of the Board.
Section 33 of the Act of 1977 is hereby amended by the addition of the following subsections:
"(6)
Where a person who is a member of the staff of An Chomhairle is nominated as a member of Seanad Éireann or for election to either House of the Oireachtas, he shall stand seconded from employment by An Chomhairle and shall not be paid by, or be entitled to receive from, An Chomhairle any remuneration or allowances—
(a)
in case he is nominated as a member of Seanad Éireann, in respect of the period commencing on his acceptance of the nomination and ending when he ceases to be a member of that House,
(b)
in case he is nominated for election to either House, in respect of the period commencing on his acceptance of the nomination and ending when he ceases to be a member of that House or fails to be elected or withdraws his candidature, as may be appropriate.
(7)
A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall, while so entitled, be disqualified from becoming a member of the staff of An Chomhairle.".
The following section shall be substituted for section 49 of the Act of 1977:
"49.
The income of An Chomhairle shall, subject to sections 47 and 48, be applied in payment of the expenses of An Chomhairle including, in particular:
(a)
the annual outgoings and expenses in respect of the offices, premises and equipment of An Chomhairle,
(b)
the remuneration and expenses of the chairman, the first Director and staff of An Chomhairle, the expenses of the members of the Board and members of the committees appointed under section 29 and the superannuation allowances of the first Director and the staff of An Chomhairle,
(c)
the cost of any training or advisory programme in agriculture carried out by, or on behalf of, An Chomhairle,
(d)
the cost of grants to educational institutions,
(e)
the cost of local advisory and training programmes,
(f)
the cost of the provision of such scholarships and such other awards for higher education as may be approved by the Minister,
(g)
the cost of providing and organising courses of study, seminars, conferences, lectures and demonstrations appropriate to the functions of An Chomhairle,
(h)
the cost of publications in relation to agricultural training and agricultural advice, and
(i)
the cost of such other activities of An Chomhairle, consistent with its functions (including any functions assigned under section 20), as may be approved by the Board and the Minister from time to time.".
The Second Schedule to the Act of 1977 is hereby amended—
(a)
by the substitution for paragraph 1 (1) of the following:
"(1)
Five members of the Board to be established on the commencement of section 8 of the Agriculture (An Chomhairle Oiliúna Talmhaíochta) Act, 1979, shall be appointed for a period of three years, a further five members shall be appointed for a period of four years and the remaining members for a period of five years.";
and
(b)
by the substitution for paragraph 8 (1) of the following:
"(1)
The quorum for a meeting of the Board shall be five.".
The Third Schedule to the Act of 1977 is hereby amended by the deletion of all matter contained at the entry which commences with "Cereal Station, Ballinacurra".
The income of An Chomhairle shall, subject to sections 47 and 48, be applied in payment of the expenses of An Chomhairle including, in particular:
( a )
by the substitution in section 12 (1) for "agricultural education", in both places where that expression occurs, of "agricultural training";
( b )
by the insertion in section 12 (1) (e) before "institutions", where that word first occurs, of "such";
( c )
by the substitution in section 30 (1) (a) for "educational advisory and research" of "training and advisory";
( d )
by the substitution in section 30 (1) (c) (i) for "education" of "training";
( e )
by the substitution in section 30 (2) for "education, advisory and research" of "training and advisory";
( f )
by the insertion in section 34 (1) after "submit" of "to the Minister";
( g )
by the substitution in section 36 (1) for "education", in both places where that word occurs, of "training";
( h )
by the insertion in section 39 (1) after "such date" of "in each year";
( i )
by the substitution in section 39 (7) for "in section 1 (1) of the Agriculture (Amendment) Act, 1974 ." of "in section 2 of the Agriculture (Amendment) Act, 1958 , as amended.";
( j )
by the substitution in section 45, in both places where that word occurs and in section 47, for "education" of "training";
( k )
by the deletion in section 53 (1) (a) of "the Institute or";
( l )
by the deletion in section 53 (3) of "the Institute,";
( m )
by the deletion in section 56 of "the Institute or";
( n )
by the substitution in section 56 for "or, as the case may be, the Minister" of "or the Minister,";
( o )
by the deletion in section 58 (a) of "and other assets" in both places where those words occur;
( p )
by the substitution in section 58 (c) for "the principal and interest paid" of "the amount of the principal repaid";
( q )
by the insertion in section 59 (1) after "section 53" of "(in this section referred to as the net value of the transferred assets)";
( r )
by the substitution in section 59 (2) for "education" of "training ";
( s )
by the insertion in section 59 (3) (a) (i), before "was raised" of ", the whole or part of which is still outstanding,";
( t )
by the deletion in section 62 of paragraph (a), "to the Institute or", "the Institute," and "the Institute or";
( u )
by the deletion in section 64 of paragraph (a), "of the Institute or" and "the Institute,"; and
( v )
by the deletion in section 65 (1) of "the Institute or".
