Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I move amendment No. 42:

In page 16, line 33, after “decision” to insert “on or before the later of."

The changes are intended to clarify the timeline in which the Minister must make a screening decision. The revised changes reflect the simplification of the administrative process and confirm that the timeline within which the screening decision must be made commences once the Minister is in receipt of a notification. This clarification will assist enterprises in particular and investors to understand their obligations but also gives them certainty around timelines.

Amendment No. 54 reflects the simplification of section 16 as a consequence of amendments Nos. 21 to 23, inclusive.

Amendment No. 58 is a technical amendment. In the original published Bill, there is no obvious way for a party to appeal a decision that is deemed to have been made under section 10(3). That is, a situation where a decision is deemed to have been made that a transaction affects security and public order in instances where an investor deliberately fails to notify the Minister about a notifiable transaction. Section 26 could have been read as only allowing an appeal from a decision of the Minister, which leaves a gap whereby parties subject to such a deemed decision could be seen either as having no way to appeal a deemed decision or being able to appeal against such a deemed decision in the ordinary courts rather than under section 26. This amendment provides the same avenue to appeal as provided for other screening decisions.