Oireachtas Joint and Select Committees

Tuesday, 23 February 2021

Select Committee on Justice and Equality

Criminal Justice (Theft and Fraud Offences) (Amendment) Bill 2020: Committee Stage

Photo of James BrowneJames Browne (Wexford, Fianna Fail) | Oireachtas source

I have done some corporate law. My understanding is that it would be common in corporate law and criminal law. I am confident that the courts are well able to interpret what these terms mean. The concern is that if we start listing what is in fact due diligence, then it can become a tick-the-box exercise. That is my concern. There is a principal in law that if the Legislature puts in a list, it is assumed this is done to the exclusion of other factors. That is the concern I have.

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