Noel Dempsey (Meath, Fianna Fail)

The Deputy raised this matter previously and argued his case. An indication was given that we would consult further, which we did. We received further legal advice on the issue from the Office of the Attorney General, which indicates that section 13E(3) is a standard provision in legislation allowing for a ministerial application to derogate from the common law defence that an applicant for an injunction must suffer some individual loss.

Unfortunately, the Attorney General advises that the proposed amendment put forward by the Deputy alters the meaning of the provision unnecessarily and would not be helpful in achieving what the Deputy is seeking. For that reason I cannot accept the amendment.

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