British-Irish Agreement Act 1999

PART I Preliminary and General

1 Short title and commencement.

1.—(1) This Act may be cited as the British-Irish Agreement Act, 1999.

(2) This Act shall come into operation on such day or days as, by order or orders made by the Taoiseach under this section, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions and for the repeal of different enactments effected by section 38(1).

2 Interpretation.

2.—(1) In this Act, unless the context otherwise requires—

“the Agreement” means the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing Implementation Bodies done at Dublin on the 8th day of March, 1999, the text of which is set out in the Schedule to this Act;

“a Body” means an implementation body and “the Bodies” shall be construed accordingly;

“the British-Irish Agreement” means the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland done at Belfast on the 10th day of April, 1998;

“function” includes a power and a duty and a reference to the performance of a function includes, in respect of a power, a reference to the exercise of the power and, in respect of a duty, a reference to the carrying out of the duty;

“implementation body” means an implementation body established by the Agreement;

“the Multi-Party Agreement” means the Agreement reached in the Multi-Party Negotiations at Belfast on the 10th day of April, 1998, and set out in Annex 1 to the British-Irish Agreement;

“the Northern Ireland Minister” means any Minister in Northern Ireland or a department in Northern Ireland of which such a Minister is head;

“the North/South Ministerial Council” means the body established by the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing a North/South Ministerial Council done at Dublin on the 8th day of March, 1999.

(2) This Act shall be construed with due regard to the Multi-Party Agreement, the British-Irish Agreement and the Agreement (in so far as this Act makes provision in pursuance of, or supplementary or incidental to, the Agreement).

(3) In this Act—

(a) a reference to a Part or section is a reference to a Part or section of this Act unless it is indicated that reference to some other provision is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended, whether before or after the passing of this Act, by or under any subsequent enactment.

3 Participation of members of Government and Ministers of State in North/South Ministerial Council.

3.—At meetings of the North/South Ministerial Council the Government may be represented by one or more of the following, that is to say, the Taoiseach, other Ministers of the Government and Ministers of State.

4 Participation of members of Government and Ministers of State in British-Irish Council.

4.— At meetings of the British-Irish Council established by the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland establishing a British-Irish Council done at Dublin on the 8th day of March, 1999, the Government may be represented by one or more of the following, that is to say, the Taoiseach, other Ministers of the Government and Ministers of State.

5 Regulations to remove difficulties.

5.— If, in any respect, any difficulty arises in bringing any provision of this Act or the Agreement into operation or in relation to the operation of any such provision, the Taoiseach may by regulations do anything which appears to him or her to be necessary or expedient for removing that difficulty, for bringing that provision into operation or for securing or facilitating its operation, and any such regulations may modify any provision of this Act so far as may be necessary or expedient for carrying such provision into effect for the purposes aforesaid, but no regulations shall be made under this section in relation to any provision of this Act after the expiration of 3 years commencing on the day on which the provision came into operation.

6 Laying of orders and regulations before Houses of Oireachtas.

6.— Whenever an order (other than an order under section 1(2)) or regulation is proposed to be made under this Act a draft of the order or regulation shall be laid before each House of the Oireachtas and the order or regulation, as the case may be, shall not be made until a resolution approving of the draft has been passed by each such House.

7 Expenses of Ministers of Government.

7.— The expenses incurred by the Minister for Finance in the administration of this Act shall be paid out of moneys provided by the Oireachtas and the expenses incurred by any other Minister of the Government in such administration shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART II Waterways Ireland

8 Definitions (Part II).

8.— In this Part, unless the context otherwise requires—

“the Act of 1990” means the Shannon Navigation Act, 1990;

“the Body” shall be construed in accordance with section 9;

“the Council” means the North/South Ministerial Council when performing functions in relation to the Body, functions of the Body or the waterways;

“the Minister” means the Minister for Arts, Heritage, Gaeltacht and the Islands;

“the waterways” means the inland waterways in relation to which, pursuant to the Agreement, the Body for the time being performs functions and “waterway” shall be construed accordingly.

9 Status of Body.

9.—(1) The implementation body for inland waterways established by the Agreement and known as Waterways Ireland is referred to in this Part as “the Body”.

(2) The Body shall be recognised as, and as having all the attributes of, a body corporate, including perpetual succession, the power to acquire, hold and dispose of land or other property and the power to sue.

(3) The Body may be sued in its corporate name.

10 Functions of Body.

10.—(1) The functions of the Body shall, in accordance with paragraph 1 of Article 2 of the Agreement, be those specified in Part 1 of Annex 1 to the Agreement and sections 11 and 41 have effect for the purpose of the said paragraph 1.

(2) The arrangements specified in Parts 1 and 7 of Annex 2 to the Agreement shall, in accordance with paragraph 2 of Article 2 of the Agreement, apply to the Body.

(3) Paragraph 1 of Article 3 of the Agreement shall apply to the Body.

(4) The Body shall not permanently close a waterway, or part of a waterway, without the approval of the Council.

(5) (a) The Minister may be order provide for the performance, in relation to any inland waterway specified in the order, of the functions of the Body, or such of its functions as may be so specified, from such date as may be so specified.

(b) The Minister may be order amend or revoke an order under this subsection.

11 Transfer of functions etc., to Body.

11.—(1) Subject to subsections (4) and (5), the functions of the Minister in relation to the waterways are hereby transferred to the Body.

(2) References to, or which are to be construed as references to, the Minister or the Department of Arts, Heritage, Gaeltacht and the Islands in any statute or instrument made under any statute and relating to any functions transferred by this section shall, in so far as they relate to those functions, be construed as references to the Body.

(3) The functions, assets, rights and liabilities of Bord Fáilte éireann as a member of Shannon-Erne Waterway Promotions Limited are hereby transferred to the Body and references in the Memorandum or Articles of Association of that Company to Bord Fáilte éireann shall be construed as references to the Body.

(4) Subsection (1) does not apply to the functions of the Minister under section 2 of the Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act, 1998, in so far as it relates to the waterways.

(5) The powers of the Body under—

(a) sections 6(f) and 7(1) of the Canals Act, 1986, and

(b) section 2(h) and subsections (1) and (3) of section 3 of the Act of 1990,

shall not be exercised by the Body without the consent of the Minister.

12 Compulsory acquisition of land and disposal of land by Body.

12.—(1) The Body may, with the consent of the Council, acquire compulsorily any land (including an inland waterway or part of an inland waterway) or any right, easement, title or interest in, over or in respect of any land (including an inland waterway or part of an inland waterway).

(2) The Body shall not acquire or dispose of an inland waterway or part of an inland waterway without the consent of the Council.

(3) The Schedule to the Act of 1990 shall apply for the purposes of the compulsory acquisition of land (including an inland waterway or part of an inland waterway) by the Body as if—

(a) for the references to the Minister there were substituted references to Waterways Ireland,

(b) for paragraph 2 there were substituted the following paragraph:

“2. (1) The occupier or any owner of land in respect of which a notice under paragraph 1(1)(b) has been published may, within two months after the date of such publication, submit to Waterways Ireland an objection in writing to the proposed compulsory acquisition referred to in the notice.

(2) An objection under subparagraph (1) may be withdrawn by the person who submitted it by notice in writing sent to Waterways Ireland or to the Minister.

(3) (a) Where, in relation to the proposed compulsory acquisition of land under the British-Irish Agreement Act, 1999, an objection is submitted to Waterways Ireland in accordance with subparagraph (1) and is not withdrawn, the objection shall be considered by the Minister and the land shall not be acquired compulsorily without the consent of the Minister.

(b) Where a public right of way exists over land proposed to be compulsorily acquired under this Act, the land shall not be acquired compulsorily without the consent of the Minister.

(4) An application by Waterways Ireland for the consent of the Minister to the compulsory acquisition of land under the British-Irish Agreement Act, 1999, shall be accompanied by—

(a) a copy of any objection concerned under subparagraph (1),

(b) a copy of the newspaper containing the notice specified in paragraph 1(1)(b),

(c) a copy of the notice specified in paragraph 1(1)(c), and

(d) a copy of the map or plan of the land deposited in pursuance of paragraph 1(1)(a),

and Waterways Ireland shall furnish to the Minister such other information in relation to the acquisition as the Minister may require.

(5) On an application under subparagraph (4) in relation to land—

(a) in case the Minister is of opinion that the provisions of paragraph 1 have not been complied with in relation to the land or part of the land, he or she shall refuse to grant his or her consent to the compulsory acquisition of the land or, as the case may be, refuse to grant his or her consent to the compulsory acquisition of the part and grant his or her consent to the compulsory acquisition of the remainder of the land,

(b) in any other case, the Minister shall grant his or her consent to the compulsory acquisition of the land.”,

and

(c) for clause (c) of paragraph 3(1) there were substituted the following clause:

“(c) the Minister gives his or her consent to the compulsory acquisition thereof by Waterways Ireland,”,

and with any other necessary adaptations.

13 Repeals.

13.— The following are hereby repealed:

(a) section 6(d) (in so far as it relates to the compulsory acquisition of land or a right over land) of, and the Second Schedule to, the Canals Act, 1986,

(b) section 2(f) of the Act of 1990 (in so far as it relates to the compulsory acquisition of land or any right, easement, title or interest of any kind, in, over or in respect of land), and

(c) paragraph (a) (in so far as it relates to the waterways) and paragraph (d) (in so far as it relates to the functions of the Minister in relation to waterways) of section 5(1) of the Minister for Arts, Heritage, Gaeltacht and the Islands (Powers and Functions) Act, 1998.

PART III The Food Safety Promotion Board

14 “the Body”.

14.—In this Part “the Body” shall be construed in accordance with section 15.

15 Status of Body.

15.—(1) The implementation body for food safety established by the Agreement and known as The Food Safety Promotion Board is referred to in this Part as “the Body”.

(2) The Body shall be recognised as, and as having all the attributes of, a body corporate, including perpetual succession, the power to acquire, hold and dispose of land or other property and the power to sue.

(3) The Body may be sued in its corporate name.

16 Functions of Body.

16.—(1) The functions of the Body shall, in accordance with paragraph 1 of Article 2 of the Agreement, be those specified in Part 2 of Annex 1 to the Agreement.

(2) The arrangements specified in Parts 2 and 7 of Annex 2 to the Agreement shall, in accordance with paragraph 2 of Article 2 of the Agreement, apply to the Body.

(3) Paragraph 1 of Article 3 of the Agreement shall apply to the Body.

17 Amendment of Food Safety Authority of Ireland Act, 1998.

17.— The Food Safety Authority of Ireland Act, 1998, is hereby amended as specified in the Table to this Part.

TABLE

The amendments to the Food Safety Authority of Ireland Act, 1998, are as follows:

“11. (1) The principal function of the Authority shall be to take all reasonable steps to ensure that—

(a) food produced in the State (whether or not distributed or marketed in the State), and

(b) food distributed or marketed in the State,

meets the highest standards of food safety and hygiene reasonably attainable.

(2) It shall, in particular, take all reasonable steps to ensure that such food complies—

(a) with any relevant food legislation in respect of food safety and hygiene standards, or

(b) in the absence of any such legislation, with the provisions of generally recognised standards or codes of good practice aimed at ensuring the achievement of high standards of food hygiene and food safety.

(3) At the request of the Food Safety Promotion Board, the Authority shall co-operate with it in the performance of its functions.

(2) The Authority shall, for the purposes of subsection (1), undertake or arrange to have undertaken such activities as it deems appropriate to foster such standards and shall carry out or arrange to have carried out such food inspections as are required to determine compliance with food legislation.

(3) Without prejudice to the provisions of food legislation, the activities and food inspections to be undertaken by or on behalf of the Authority and referred to in subsection (2) shall be directed towards bringing about a general acceptance amongst producers, manufacturers, distributors, retailers and caterers of the principle that, in respect of any food placed on the market, the primary responsibility for the safety and suitability of the food for human consumption is borne by them individually or, as appropriate, collectively, and, as a consequence, each of the persons mentioned shall take all reasonable steps to ensure, in so far as the person is concerned, the safety and hygienic standard of that food.

(4) The Authority shall, in the performance of its functions, endeavour to consult representatives of consumers, producers, retailers, distributors, caterers and manufacturers and, where appropriate, official agencies about the activities or other measures to be undertaken.”.

(a) for “or may, on its own initiative, provide such advice on—” there shall be substituted “and may, on its own initiative, provide such advice—”, and

(b) paragraphs (a), (b) and (h) are deleted.

(a) in subsection (1), after “The Authority may” there shall be inserted “, in the performance of its functions,”, and

(b) in subsection (2), after “State” there shall be inserted “or by the Food Safety Promotion Board”.

“46. For the purposes of section 11(2), the Authority shall carry out or arrange to have carried out on its behalf under section 48 the following:

(a) the determination of compliance with food legislation by means of—

(i) the inspection, approval, licensing or registration of premises and equipment, including premises or equipment used in connection with the manufacture, processing, disposal, transport and storage of food,

(ii) the inspection, sampling and analysis of food, including food ingredients, and

(iii) the inspection and analysis of food labelling,

and