Michael McDowell (Dublin South East, Progressive Democrats)

I am informed — and I agree — that the inclusion of the words, "as soon as reasonably practicable", is sufficient and broad enough to take care of any circumstance where there is a legitimate reason for a time difference between the giving of a direction orally and the recording of it in writing. I am aware that provisions such as that suggested are employed where certain procedural matters are set out in regulations, for instance, under the Criminal Justice Act 1984. Where it is stated in primary legislation that a record of a direction shall be made, such saving provisions are not generally used. For example, in the 1994 Act, in another context, there is provision for a direction to be given on the detention of a person, which must be recorded in writing as soon as practicable, but there is no special provision of the type proposed by Deputy Jim O'Keeffe. Therefore it would be better to leave it as it is.

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