John Curran (Dublin Mid West, Fianna Fail)

I thank the Members opposite for their comments. Deputy Lynch mentioned this long-awaited amendment. Amendment No. 57 was a long-awaited amendment because it was difficult to deal with the issue and there was much discussion, backwards and forwards, with regard to how to police something that is unregulated. I acknowledge there was a long wait. We consulted extensively on the matter and got much legal advice. It did not prove easy to come up with this formula.

The issue of bogus collections is something that exercised Members both here and on Committee Stage. The issue is that those doing these collections are not charities and are not saying they are charities and they would not, therefore, fall under the remit of the legislation. The approach we took is that they need not say they are a charity, but if they give the impression they are a charity through their literature and the style of what they are doing, they can be found guilty of an offence. This approach allows this amendment and I am glad it is being accepted on all sides.

With regard to the issue of mass cards, it did not prove possible, having regard to the legal advice to the Department, to include specific provisions with regard to the sale of mass cards in shops. If the Deputy wants me to have another look at the issue and to refer it again to the legal expertise in advance of taking it to the Seanad, I will do that. However, I have been given legal advice on the issue and do not expect significant change.

I wish to make a further point. We need to make a distinction between selling mass cards and what is happening on the other side. The sale of the card is a normal transaction, but if it gives the impression that it is for a charitable cause, it may fall under the same part of the legislation as door to door collection. Therefore, if the mass card sale is designed in such a way that the funds being paid go to a charity, it may also fall under the same provisions as for door to door collections.

In terms of the Deputy's specific request, I will not promise we will make a change, because we have had extensive consultation. However, I will ask the legal people to have a look at it one more time before it goes to the Seanad. I will do that for the sake of completeness and bearing in mind the contributions made here. I assure the House, if it was an easy thing to do and if we had found an appropriate form of words that would satisfy all legal advice, the provision would be included. I am as anxious as anybody else the issue should be addressed, but unfortunately, it was not.

Deputy Ring asked whether we had been in contact with the church. The Department has been in contact with the church on the issue. It is doing a public awareness campaign, led by Bishop Colm O'Reilly, encouraging the public not to support the buying of mass cards in petrol stations and whatever. Unfortunately, we cannot accept the amendment.

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