Brendan Howlin (Wexford, Labour)

I move amendment No. 49:

In page 75, to delete lines 25 to 27.

This proposal to delete lines 25 to 27 is related to the amendment with which we have just dealt. The Bill creates a new offence of causing personal injury, including death, through contravening the Act. That is welcome because the wording of the existing legislation, the 1989 Act, is defective. However, section 77(9)(b)(ii) creates an opt-out in the case of personal injury, but not death. The injury must be "directly" caused by the contravention. That is not logical. I believe an offence of causing injury or death by means of contravening the Act is committed whether the injury is caused directly or indirectly. Accordingly, I propose to delete the opt-out clause in section 77(9)(b)(ii).

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