Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

Section 14 concerns delayed publication. This section provides for two scenarios where publication can be delayed. One is where the State’s interests are at risk and the other is where the individual's business is likely to suffer a material loss. With regard to the former, as the Bill is written the commission can only delay publication when the registered person applies, i.e. the private party. Surely, in order to protect the interests of the State, the commission or a designated public body should be empowered to make an application.

With regard to the delay of six months, the period of delay should be decided on a case-by-case basis, because it is unclear from the drafting whether the period of delay is capped for six months with the use of the phrase "if that happens sooner". A six-month delay could be wholly damaging, particularly where litigation is contemplated or apprehended. A more practical approach to the realities of business and private affairs should be considered - that is, on a case-by-case basis.

The provision allows the commission to revoke a delayed publication decision and mandates the commission to inform the applicant that the determination has now been revoked. The issue that arises is that there is no consultation with the applicant prior to the decision. If delayed publication was granted in the first place, extenuating circumstances must have existed to revoke it without any consultation. This may appear to be disproportionate.