Dick Roche (Wicklow, Fianna Fail)

There was confusion earlier in that a group of amendments is being taken together. Amendments Nos. 7a, 15 to 17, inclusive, 17a, 18, 18a and 19 to 23, inclusive, are being taken together. The group of amendments relates to section 4.

The substance of the amendments was discussed on Committee Stage. Section 4(1) is necessary so the registration authority can get the information required for it to perform the functions under law. As I explained on Committee Stage, the bottom line here is that we cannot take away from the core objective of the section which is to ensure registration authorities can require the minimum information they need to do their job properly. The issue before we adjourned was the amount of information they would require.

I accepted the genuine concerns a number of Deputies expressed on Committee Stage and I undertook to discuss this issue with the parliamentary counsel. Unfortunately, none of the Deputies who were present on Committee Stage are here. I undertook to go to the parliamentary counsel to see if there was scope to devise an alternative formulation which would allow some greater flexibility in setting deadlines. This has been done and Deputies will see the amendment I have tabled brings forward two new subsections — section 4(2) and 4(3) — which will be substituted in place of the original provision.

The revised provisions clearly recognise that formal deadlines need not always be set and provide local authorities with the reserve power to set a deadline when the local authority considers it necessary in the particular circumstances of a case. This is clear from the new subsection (2) and the use of the words "may specify" a deadline instead of the previous mandatory requirement to do so. Where no deadline is set, it will be a matter for the prisoner to reply in the time he or she needs to given the circumstances involved. This goes a long way to meet the concerns Deputies had about this issue of an inflexible time which could operate to the prisoner's disadvantage.

I again make the point that I expect local authorities to set guidelines only when needed and when doing so to give the maximum time possible. As I explained on Committee Stage, there could be times in the best interest of the prisoner that a relatively short deadline has been set.

The concerns expressed by Deputies Cuffe, Morgan and other Deputies who contributed have been dealt with. I ask the Deputies to accept the bona fides of amendment No. 18 which meets all the requirements put to me on Committee Stage and to withdraw their amendments.

See this speech in context