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Dáil Éireann Vol. 996 Thursday, No. 3 30 July 2020 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES DÁIL ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) 30/07/2020A00100Companies (Miscellaneous Provisions) (Covid-19) Bill 2020: Second Stage � � � � � � � � � � � � � � � � � � � � � � 384 30/07/2020G00400Ceisteanna - Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 396 30/07/2020G00500Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 396 30/07/2020G00600State Examinations � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 396 30/07/2020G01600School Accommodation� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 398 30/07/2020H00550School Funding � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 400 30/07/2020J00300School Transport � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 402 30/07/2020J01300Ceisteanna Eile - Other Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 404 30/07/2020J01400Citizens’ Assembly � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 404 Insert Date Here 30/07/2020K00700School Staff � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 405 30/07/2020L00600Special Educational Needs � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 407 30/07/2020L01300State Examinations � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 409 30/07/2020M00750Schools Building Projects � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 411 30/07/2020N00500Education Data � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 412 30/07/2020O00200State Examinations � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 414 30/07/2020O00900Special Educational Needs � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 416 30/07/2020P00500Further Education and Training Programmes� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 417 30/07/2020Q00450Ceisteanna ó Cheannairí - Leaders’ Questions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 419 30/07/2020T00350Ceisteanna ar Reachtaíocht a Gealladh - Questions on Promised Legislation � � � � � � � � � � � � � � � � � � � � � � 427 30/07/2020AA00100Companies (Miscellaneous Provisions) (Covid-19) Bill 2020: Second Stage (Resumed) � � � � � � � � � � � � � � 435 30/07/2020HH00600Companies (Miscellaneous Provisions) (Covid-19) Bill 2020: Committee and Remaining Stages � � � � � � � � 449 30/07/2020LL00100Residential Tenancies and Valuation Bill 2020: Committee and Remaining Stages � � � � � � � � � � � � � � � � � � 453 30/07/2020CCC00100Civil Law and Criminal Law (Miscellaneous Provisions) Bill 2020: Second Stage � � � � � � � � � � � � � � � � � � 484 30/07/2020RRR00100Civil Law and Criminal Law (Miscellaneous Provisions) Bill 2020: Committee and Remaining Stages � � � � 513 30/07/2020WWW00100Gnó na Dála - Business of Dáil � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 523 30/07/2020FFFF00300Establishment of Select Committees: Motion � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 538 30/07/2020GGGG00100Work Programmes of Select Committees: Motion � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 541 30/07/2020GGGG00600Report of the Committee on Standing Orders and Dáil Reform: Motion � � � � � � � � � � � � � � � � � � � � � � � � � 541 30/07/2020HHHH00400Instruction to Special Committee on Covid-19 Response: Motion � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 542 30/07/2020HHHH01000Speaking Arrangements: Motion� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 542 30/07/2020MMMM00100Future of School Education: Motion (Resumed) [Private Members] � � � � � � � � � � � � � � � � � � � � � � � � � � � � 551 30/07/2020NNNN01000Adjournment of Dáil: Motion � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 557 30/07/2020OOOO01050Opening of Schools and Calculated Grades: Statements � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 561 30/07/2020XXXX00300Teachtaireacht ón Seanad - Message from Seanad � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 582 30/07/2020XXXX00500Ábhair Shaincheisteanna Tráthúla - Topical Issue Matters � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 582 30/07/2020XXXX00700Saincheisteanna Tráthúla - Topical Issue Debate � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 583 30/07/2020XXXX00750Direct Provision System � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 583 30/07/2020ZZZZ00200Schools Site Acquisitions � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 587 30/07/2020ZZZZ00700Fire Stations � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 588 30/07/2020BBBBB00200Traffic Management � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 591 DÁIL ÉIREANN Déardaoin, 30 Iúil 2020 Thursday, 30 July 2020 Chuaigh an Leas-Cheann Comhairle i gceannas ar 9�30 a�m� Paidir. Prayer. 30/07/2020A00100Companies (Miscellaneous Provisions) (Covid-19) Bill 2020: Second Stage 30/07/2020A00200Minister of State at the Department of Business, Enterprise and Innovation (Deputy Robert Troy): I move: “That the Bill be now a Second Time�” I am pleased, as Minister of State with responsibility for trade promotion, digital and com- pany regulation, to present the Companies (Miscellaneous Provisions) (Covid-19) Bill 2020 for the consideration of the House following its successful passage through the Seanad� The Bill will provide for the first phase of measures intended to mitigate the impact Covid-19 has had on the normal operation of business in Ireland� Before proceeding with a summary of the detailed provisions, I would first like to offer some background and context to the Bill� As Deputies may be aware, a number of issues in the area of company law have come to the fore in light of the pandemic� From the onset of Covid-19, business closures my Department received a significant number of representations, including proposed amendments to the Companies Act intended to support companies as they respond to both the operational and economic challenges of the crisis� Similar issues have arisen with regard to industrial and provident societies, which are mostly co-operatives� Real, practical issues were raised in respect of the ability to hold annual general meetings, AGMs, in light of the public health guidelines on social distancing� AGMs are an important forum for members to approve the accounts, appoint auditors and hold the directors accountable for the affairs of the companies and co-operatives� In addition, general meetings need to be held if a company or co-operative is commencing a range of activities, for example, a merger or members’ voluntary winding-up� The issue of AGMs has already been the subject of litigation� A company recently found itself before the court where a shareholder brought proceedings to challenge the intention to hold an AGM with restricted access� Concerns were also raised with regard business solvency� In terms of these concerns, I am sure the Deputies will have had the experience in their constituencies of businesses which were thriving and full of customers only a short time are now struggling to balance the books and keep money in their tills� Given that there are approximately 240,000 companies and 950 384 30 July 2020 industrial and provident societies registered in Ireland, even if only a percentage encounter such difficulties, that provides clear evidence that a change is needed to ensure they can continue to comply with their obligations under the legislation and measures to alleviate the strain on their finances are required. My Department, in conjunction with the company law review group, CLRG, a statutory advisory body charged with advising the Minister for Business, Enterprise and Innovation on company law, has worked to find practical solutions to these issues as a mat- ter of urgency� Efforts were focused on matters which could be concluded within a short timeframe and, as such, this Bill deals only with those items which were required immediately and capable of be- ing progressed quickly� Extensive consultation
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