Billy Kelleher (Cork North Central, Fianna Fail)

I propose to take amendments Nos. 1 to 7, inclusive, together.

First and foremost, if I were to take legal advice from anyone, I assure the Deputy that on an ongoing basis I would take it from a solicitor from the midlands. However, when we are dealing with legislation, we must consider the advice of the Parliamentary Counsel. We have considered this issue and I was requested on Committee Stage to try to accommodate it in as far as was practicable. I received the following advice, which will bring clarity to the issue.

The convention is that where an enactment refers to a provision that has been substituted by another enactment, that provision is referred to as having been inserted by the latter enactment. The purpose of referring to a later enactment is to enable the reader to ascertain the latest version of the provision. The use of the word "substituted" does not add anything in terms of substantive information and does not accord with drafting practices. I hope that brings clarity as to the reasons I would like to accept the amendments but cannot do so.

This is different from the position that obtains in the case of the wording of substantive sections where the words "inserting" and "substitution" are used depending on what the substantive amendment is actually doing. Unfortunately, due to the advice I have received and outlined to the House, I cannot accept the amendments.

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