Pat Breen (Clare, Fine Gael) | Oireachtas source

I move amendment No. 178:

In page 106, line 4, to delete "Subject to subsection (11), a controller" and substitute "A controller".

Amendment No. 179 deletes subsection (11) of section 131 in consequence of the deletion of subsection (2) of section 139. This subsection, which is being removed for legal reasons on the advice of the Attorney General's office sought to give effect to the ne bis in idemprinciple.

However, in light of the evolving case law of the Court of Justice and the content of Recital 149, the Office of the Attorney General has advised that there is no good reason to maintain sections 139(2) or 131(11). Amendment No. 178 is a related drafting amendment.