Brendan Howlin (Wexford, Labour)

I move amendment No. 12:

In page 8, line 22, after "failure" to insert "or refusal".

This is a simple, technical amendment to ensure that refusal, as opposed to passive failure, is also covered. In section 3(2) I wish to insert "or refusal". The repeal of subsection (1) of the enactment specified in Schedule 1 does not affect the application of those enactments to a failure or refusal to mention a fact to which those enactments relate if the failure occurred before the repeal comes into operation and those enactments apply to such a failure or refusal as if they had not been repealed.

It is important when we enact legislation of this sort that we are robust in repeal sections. My adviser suggests these amendments would make the section more robust in that regard. This is a technical issue, however, and I will be bound by the Minister's view and that of the Attorney General.

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