Billy Kelleher (Cork North Central, Fianna Fail)

I move amendment No. 1:

In page 8, line 33, to delete "service by such means;" and substitute the following:

"service by such means, provided that there is a facility for confirming receipt of electronic communication and that such receipt has been confirmed;".

Amendment No. 1, relating to the service of notice by electronic means, responds to the outcome of discussions on the amendment tabled by Deputy Penrose on Committee Stage and reflects the main principle of amendment No. 2, tabled by the Deputy. I am not inclined to accept the idea in amendment No. 2 that notices would have to be served on the double. It serves no great purpose.

The provision, as published in the Bill, requires that a person would agree to the service of notice by electronic means — the person is not compelled to do so. The proposed Government amendment provides for the need to ensure some form of proof of receipt if the option of electronic means of communication is exercised by the person. If there is no such proof of receipt, the option of electronic means of communications is not available.

I have tried to accommodate the issue raised by the Deputy on Committee Stage as best I could and I hope my provision meets his approval. We try to be accommodating at all times.

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