Dan Boyle (Cork South Central, Green Party)

I move amendment No. 42:

In page 24, to delete lines 37 and 38 and substitute the following:

"(3) An authority under subsection (2) may be given orally but, if it is given orally, it must be confirmed in writing within less than 12 hours of the oral authority.".

This amendment proposes to replace the phrase "as soon as practicable" in subsection (3) of section 12 with the words "within less than 12 hours of the oral authority". The phrase "as soon as is practicable" is far too open to abuse. In a Bill that is otherwise littered with time definitions, it is more than pertinent to include such a definition in this instance. A period of 12 hours is more than adequate for this purpose.

Amendment No. 43 proposes a change to subsection (5) to the effect that a person who refuses to allow himself or herself to be photographed should be liable on summary conviction to a fine not exceeding €200 rather than a fine not exceeding €3,000 or imprisonment for a term not exceeding six months or both, as currently provided. This amendment reflects the reality that a person who refuses to be photographed may be accused of only a minor offence. In such instances, a fine of €3,000 and a prison sentence of six months might be out of line with the original offence. Furthermore, the proposed fine of €3,000 seems out of line with the lesser fines in place for more serious crimes.

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