Ossian Smyth (Dún Laoghaire, Green Party) | Oireachtas source

Amendments Nos. 925 and 926 are of a technical and drafting nature and seek to bring clarity to the provisions as drafted. They relate to section 236 of the Bill, which sets out provisions consequential on a notice requiring the discontinuance of works or use of land; the removal or alteration of a structure; or works or use of land to be subject to conditions. This amendment merely splits section 236(3) into two separate subsections for increased clarity. Currently subsection (3) provides that where a person fails to comply with a notice, he or she is guilty of an offence unless it is shown on the balance of probabilities that he or she took all reasonable steps to comply, or secure compliance by the other person, with the notice. This amendment proposes that subsection (3) should just outline the offence and then a new subsection (4) will outline:

In any proceedings for an offence under subsection (3), it shall be a defence for the defendant to prove, on the balance of probabilities, that the defendant took all reasonable steps to comply, or secure compliance by the other person, with the notice.