Robert Troy (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 116:

In page 77, line 9, to delete “section 18(4)(c), 37A or 35(8)(c) of the Act of 2014” and substitute the following: “section 11(3)(d), 18(4)(c), 35(8)(c) or 36(6) of the Act of 2014, or an offence under section 50(5) of this Act,”.

Part 2G deals with the procedural provisions necessary for the new system of administrative financial sanctions. There are a number of amendments here. Some of them are technical to delete or add words and some clarify typographical mistakes. Amendment No. 116 corrects the reference to provisions where statements may be used in evidence in proceedings. Amendment No. 118 replaces subsection (6) to clarify the wording within it on how a leniency statement or settlement agreement may be shared. Amendments Nos. 119 and 120 include references back to subsection (6) in later subsections. Amendment No. 121 amends the shoulder note of section 15AW on "Admissibility of evidence".

Amendments Nos. 122 to 129, inclusive, expand the provisions in section 15AW to include all useful aspects of both the repealed section 13, which we have previously discussed, as well as applying the provisions of section 15AW to civil or criminal proceedings alike, and to the administrative sanctions proceedings that are being introduced through the Bill. Related to these amendments on evidence and in the interests of reducing the administrative burden on the competition authorities and also on undertakings involved in the proceedings, I am making provision in amendment No. 130 for Chapter 3 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 to apply to proceedings under the Bill.

The effect of this amendment will be to make business records which have been used in an investigation to be admissible in such proceedings, without having to confirm such documents through oral testimony by way of exception to the rule against hearsay.