Noel O'Flynn (Cork North Central, Fianna Fail)

Seanad amendments Nos. 38, 51, 61 and 73 are related and may be discussed together.

Seanad amendment No. 38:

Section 46: In page 38, subsection (6), line 29, to delete "(3)" and substitute "(2)".

As the Deputy will be aware, the Bill has been amended considerably since it was introduced into this House, including by the insertion of new sections and subsections. These amendments update or clarify certain cross-references as necessary. These cross-references result from some previous amendments we made. Seanad amendment No. 38 corrects a mis-reference in the subsection. The reference is being corrected to refer to subsection (2), which is the main offence provision under section 48 of the Bill as passed by the Dáil.

Section 55(1) of the Bill as passed by the Dáil lists the circumstances under which a person may be disqualified from being a charity trustee. Seanad amendment No. 51 clarifies that a disqualification under section 55(1) shall not apply where the High Court makes an order that the person may hold the position of charity trustee. However, if any of the circumstances in section 55(1) apply after the making of such an order, the trustee shall, again, be disqualified.

Seanad amendment No. 61 is a redrafting amendment. It clarifies that it applies to a direction given by the authority under section 51(2), unlike the other sections referred to where there is no provision for the authority to give a direction. Seanad amendment No. 73 clarifies the particular subsection of section 91 to which the particular provisions apply where it previously just referred to the section.

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