Seán Sherlock (Cork East, Labour) | Oireachtas source

The purpose of the amendment is to delete language which could be interpreted in a discriminatory manner. This refers to the somewhat outdated term “unsound mind”. While the term is legally sound, it does not represent everyday language and understanding of situations where a director is no longer, for medical reasons, capable of fulfilling his or her functions as a company director. The wording proposed is more in line with the wording used in the Employment Equality Act. This section provides that the office of director is vacated if a director becomes bankrupt or disqualified and, unless the constitution provides otherwise, where the director resigns, can no longer be reasonably regarded as possessing an adequate decision making capacity, is restricted, sentenced to a term of imprisonment for an indictable offence, or is absent for six months without permission. This section substantially imports model regulations 91 of Part I of Table A of the First Schedule to the Companies Act 1963. A new requirement that the conviction must give rise to a sentence and to a term of imprisonment - actual or suspended - has been inserted.

I pay tribute to Mr. Jim Breen from Cycle Against Suicide, who brought the issue to our attention. On foot of representations made specifically by him and people close to him, we sought to change the wording and reflect language that is more caring and apt for the society we live in. On the basis of some consciousness-raising, we introduced this amendment. I acknowledge the work of our officials in bringing it forward. It represents a positive change in how we use language about issues such as this.