No. 9/1979:

AGRICULTURE (AN CHOMHAIRLE OILIUNA TALMHAIOCHTA) ACT, 1979

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title and commencement.

2 Interpretation.

3 Expenses.

4 Repeals.

PART II AN CHOMHAIRLE OILIÚNA TALMHAÍOCHTA

5 Establishment of An Chomhairle and meaning of "An Chomhairle" in the Act of 1977.

6 Dissolution of the National Agricultural Authority.

7 General functions of An Chomhairle.

8 Establishment of the Board and meaning of "the Board" in the Act of 1977.

9 Amendment of section 2 (1) of the Act of 1977.

10 Advice to the Minister.

11 Amendment of section 26 of the Act of 1977.

12 Amendment of section 33 of the Act of 1977.

13 Expenses of An Chomhairle.

14 Amendment of Second Schedule to the Act of 1977.

15 Amendment of Third Schedule to the Act of 1977.

16 Amendment of Fourth Schedule to the Act of 1977.

17 Miscellaneous amendments of the Act of 1977.

18 Agricultural research to include basic veterinary research.

19 Amendment of section 5 of the Act of 1958.

20 Amendment of section 7 of the Act of 1958.

21 Power of the Institute to borrow.

22 Amendment of section 11 of the Act of 1958.

23 Amendment of section 12 (1) of the Act of 1958.

24 Amendment of section 17 of the Act of 1958.

25 Superannuation.

26 Amendment of Second Schedule to Agriculture Act, 1931.

27 Amendment of section 2 of Agriculture (Amendment) Act, 1958.

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.

[22nd May, 1979]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—(1) 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.

2.—In this Act—

"the Act of 1958" means the Agriculture (An Foras Talúntais) Act, 1958;

"the Act of 1977" means the National Agricultural Advisory, Education and Research Authority Act, 1977 ;

"the Board" means the Board established under section 8 of this Act;

"An Chomhairle" means An Chomhairle Oiliúna Talmhaíochta established under section 5 of this Act;

"the Institute" means An Foras Talúntais established by the Act of 1958;

"the Minister" means the Minister for Agriculture.

3.—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.

4.—The following provisions of the Act of 1977 are hereby repealed:

in section 2 (1), the definitions of "education", "basic veterinary research" and "research";

sections 9, 10, 11, 17, 18, 22, 25, 42, 48 (3) and 48 (4); in section 50 (2) all words from "(other than" to "Act 1959)";

sections 53 (1) (c), 54, 61, 63 and 72.

PART II AN CHOMHAIRLE OILIÚNA TALMHAÍOCHTA

An Chomhairle and the Board

5.—(1) 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.

6.—The National Agricultural Authority established under section 9 of the Act of 1977 is hereby dissolved.

7.—(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.

8.—(1) 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.

Amendments of the Act of 1977.

9.—Section 2 (1) of the Act of 1977 is hereby amended by the addition of the following definition:

"'training' includes education.".

10.—The following section shall be substituted for section 21 of the Act of 1977:

"21.—An Chomhairle shall advise the Minister on any matter relating to agricultural training or advice on which its views are requested by the Minister.".

11.—Section 26 of the Act of 1977 is hereby amended—

( a ) 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.

12.—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.".

13.—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.".

14.—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.".

15.—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".

16.—The Fourth Schedule to the Act of 1977 is hereby amended by the deletion of

17.—The Act of 1977 is hereby amended as follows:

( 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".

Amendments of the Act of 1958

18.—(1) Section 4 (which relates to the functions of the Institute), section 13 (which relates to the expenses of the Institute) and section 15 (which relates to fees chargeable by the Institute) of the Act of 1958 shall have effect as if each reference therein to agricultural research included a reference to basic veterinary research.

(2) In case of doubt as to whether any activity of the Institute is or is not basic veterinary research, the decision of the Minister shall be final.

(3) In this section "basic veterinary research" includes research in relation to diseases of animals and poultry, but does not include—

( a ) the diagnosis, on behalf of the Minister, herdowners, flock-owners or veterinary practitioners, of disease in animals or poultry by means of clinical or laboratory examination of animals or birds, whether live or dead, or of their carcases, or of specimens taken from them, or

( b ) investigations, tests, inquiries or trials arising from disease eradication and hygiene control programmes operated by the Minister.

19.—Section 5 of the Act of 1958 is hereby amended—

( a ) by the substitution for subsection (2) of the following subsection:

"(2) The Council shall consist of a chairman and fourteen ordinary members."; and

( b ) by the insertion after subsection (9) of the following subsection:

"(9A) Two persons shall he appointed from among the members of Bord na Comhairle Oiliúna Talmhaíochta established under section 8 of the Agriculture (An Chomhairle Oiliúna Talmhaíochta) Act, 1979, to be ordinary members of the Council.".

20.—Section 7 of the Act of 1958 is hereby amended by the substitution for subsections (4) and (5) of the following subsection:

"(4) Subsequently, the Director shall be appointed by the Council and shall hold office for such term and on such terms and conditions (including terms of remuneration) as may be determined by the Council. A determination under this subsection, in so far as it relates to remuneration, shall not be made without the approval of the Minister and the Minister for the Public Service.".

21.—(1) The following section shall be inserted in the Act of 1958 in lieu of section 10:

"10.—(1) The Institute may, with the consent of the Minister, given with the consent of the Minister for Finance and subject to any conditions imposed by the Minister, borrow by means of bank overdraft, or otherwise, moneys for the purpose of the administration and operation of its functions.

(2) Where the repayment of moneys borrowed under this section is to be spread over a term of years, the Institute may borrow the moneys on the security of the land and property (other than the estate known as Johnstown Castle and Demesne and referred to in the Johnstown Castle Agricultural College Act, 1945 , and in the Johnstown Castle Agricultural College (Amendment) Act, 1959 ) of the Institute or such other security as may be acceptable to the lender and may charge the income of the Institute with the payment of the principal moneys so borrowed and the interest thereon.".

(2) Section 12 (3) of the Act of 1958 is hereby repealed.

22.—Section 11 of the Act of 1958 is hereby amended by the substitution for subsection (2) of the following subsections:

"(2) The moneys in the Endowment Fund may be used by the Institute for such capital purposes and to such extent as may from time to time be approved by the Minister with the consent of the Minister for Finance.

(2A) Any unexpended balance of the Endowment Fund shall be kept invested by the Institute in such securities as may from time to time be approved by the Minister for Finance.".

23.—Section 12 (1) of the Act of 1958 is hereby amended by the substitution for "the Minister for Finance in consultation with the Minister and the Council" of "the Minister in consultation with the Council and with the approval of the Minister for Finance" and that subsection, as so amended, is set out in the Table to this section.

TABLE

(1) For the purpose of assisting the Institute to carry out effectively its functions under this Act, there shall be paid to the Institute in every financial year, out of monies provided by the Oireachtas, a grant towards the expenses of the Institute the amount of which shall be determined by the Minister in consultation with the Council and with the approval of the Minister for Finance after due consideration of any information furnished under subsection (2) of this section.

24.—Section 17 of the Act of 1958 is hereby amended by the substitution for subsection (4) of the following subsection:

"(4) ( a ) The numbers, grades, tenure of office and conditions of service of the members of the staff of the Institute shall be determined from time to time by the Council.

( b ) The remuneration and allowances of the members of the staff of the Institute shall be determined from time to time by the Council with the concurrence of the Minister and the Minister for the Public Service.".

25.—(1) The following section shall be substituted for section 18 of the Act of 1958:

"18.—(1) The Council may prepare and submit to the Minister a scheme or schemes for the granting of superannuation allowances by way of pension or gratuity or both to or in respect of its permanent staff (including the person appointed first Director).

(2) A scheme submitted under this section shall, if approved of by the Minister with the concurrence of the Minister for the Public Service, be carried out by the Institute in accordance with its terms.

(3) The Council may at any time, with the approval of the Minister and the concurrence of the Minister for the Public Service, amend a scheme under this section.

(4) A scheme submitted and approved of under this section shall fix the time and conditions of retirement for all persons to or in respect of whom allowances are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(5) If any dispute arises as to the claim of any person to, or the amount of, any allowance payable in pursuance of a scheme under this section, the dispute shall be submitted to the Minister for determination by him.

(6) No pension, gratuity, allowance or other payment shall be granted by the Council nor shall any other arrangements be entered into by the Council for the provision of such pension, gratuity, allowance or other payment on the resignation, retirement or death of a member of its permanent staff (including the person appointed first Director) other than in accordance with a scheme made under this section.

(7) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the, scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.".

(2) Any scheme made before the commencement of this section under section 18 of the Act of 1958 and in force on such commencement shall continue in force and shall have effect as if made under the section substituted for the said section 18 by subsection (1) of this section.

Amendment of Agricultural Act, 1931

26.—(1) The Second Schedule (which relates to the appointment and membership of committees of agriculture) to the Agriculture Act, 1931 , is hereby amended—

( a ) by the substitution for Rule 2 of the following Rule:

"2. (1) Every committee of agriculture shall be composed both of persons who are and persons who are not chosen by the council and the number of members of every such committee chosen by the council shall be, in case the committee consists of a number of members which is a multiple of five, three-fifths of that number, and in any other case, the number which is the next whole number above three-fifths of the number of members.

(2) Every person, other than a person chosen by the council, appointed to be a member of a committee of agriculture shall be appointed on the nomination of such voluntary rural organisations active in the county as the Minister may by order designate (either generally or in relation to each county or group of counties) and the number of members to be nominated by each such organisation shall, subject to the provisions of these Rules, be such as the Minister may by order determine.";

( b ) by the substitution for Rule 3 of the following Rule:

"3. The number of members of a committee of agriculture to be appointed in an election year at the annual meeting of the council held in that year shall be four times the number of county electoral areas in the county at the date of that annual meeting and the committee shall, notwithstanding any change in the number of electoral areas in the county in the meantime, consist of that number of members until the annual meeting of the council held in the next following election year.";

( c ) by the substitution for Rules 5 and 5A of the following Rule:

"5. Every person appointed to be a member of a committee of agriculture shall be chosen or nominated for appointment by reason of his attainment in the practice of farming, the development of agriculture, the promotion of agricultural or rural home advice or education or by reason of a practical, commercial or technical knowledge of agriculture or a special local knowledge of agricultural matters.";

( d ) by the substitution for Rule 6 of the following Rule:

"6. (1) The members of a committee of agriculture (other than a member appointed to fill a casual vacancy) shall be appointed in every election year at the annual meeting of the council held in that year and the appointment of such members shall be part of the first business to be transacted at every such annual meeting.

(2) A committee of agriculture shall be deemed not to be invalidly constituted by reason of—

( a ) the failure of the voluntary rural organisations designated by the Minister under Rule 2 (2) to nominate the number of persons determined by the Minister under that Rule, or

( b ) the failure of the council to appoint the number of members required under Rule 3,

and, in the event of either such failure, the Minister may, as the case may require, nominate for appointment as members or appoint to be members of the committee such person or persons as he may determine so that the number of members of the committee shall be the number required under Rule 3."; and

( e ) by the addition of the following paragraph to Rule 9:

"(3) The person appointed to fill a casual vacancy arising from the death, resignation or disqualification of a member nominated in accordance with Rule 2 (2) shall be appointed on the nomination of the same organisation or organisations which nominated the member occasioning the casual vacancy or on the nomination of such other organisation or organisations as the Minister may by order designate.".

(2) This section shall have effect in relation to a committee of agriculture upon the commencement of the annual meeting of the council of the county by which the members of the committee are appointed held next after the first election of members of the council held after the commencement of this section.

Amendment of Agriculture (Amendment) Act, 1958

27.— Section 2 of the Agriculture (Amendment) Act, 1958 , is hereby amended by the addition of the following subsection:

"(6) The council of a county shall pay any balance of the contribution to be made under subsection (1) of this section which remains unpaid on the coming into operation of section 53 of the National Agricultural Advisory. Education and Research Authority Act, 1977, partly to An Chomhairle Oiliúna Talmhaíochta and partly to the committee of agriculture for the county in such proportions as the Minister may direct.".

ACTS REFERRED TO