Oireachtas Joint and Select Committees

Wednesday, 17 January 2024

Select Committee on Jobs, Enterprise and Innovation

Digital Services Bill 2023: Committee Stage

Photo of David StantonDavid Stanton (Cork East, Fine Gael) | Oireachtas source

I have an issue here that I have come across with respect to other legislation. Four ways by which the document can be served to somebody are outlined. One of them, outlined in section 4 (b), refers to "leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address". Section 4 (c) then outlines a similar scenario but refers to "sending it by post in a prepaid registered letter". I am concerned the phrase "leaving it at the address" will be open to all kinds of interpretation. Could the document be left under a stone at the front gate or would it have to be put into the postbox? Why not remove that provision altogether, perhaps on Report Stage, and insist on the use of registered post? At least then we would know that somebody present at the address had received it. Including the phrase "leaving it at the address" seems clumsy or vague. It could imply anything. The person might not be living there or may be away. Likewise, the phrase "ordinarily resides" may not cover someone living abroad, as is also the case with the phrase "in a case in which an address for service has been furnished, to that address". It is a bit open and loose. Will the Minister of State have a look at this before Report Stage and tighten it up?

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