Mr. Bill Cox:

It is well established in the case law of the European Court of Justice what member states can and cannot do in respect of maximum harmonisation directives. It is mainly that body of advice and opinion from the Commission and European Court of Justice that we rely upon. There was also the experience referred to in our note about sections 48 and 49 of the 2007 Act, which we were required not to commence on advice from the then Attorney General which stated they were not compatible with the directive that is given effect to in the Act Deputy Collins's Bill seeks to amend. It is a minor issue in terms of the substance of the provision. It is really just a question of the form in which it is done. It really does not present any major problem at all. It is quite a minor matter.