Pat Rabbitte (Dublin South West, Labour)

I move amendment No. 7:

In page 11, to delete lines 14 to 27 and substitute the following:

"(2) In this section—

"defence" shall not include a defence under—

(a) an enactment, or

(b) an act of the institutions of the European Communities;

"enactment" has the meaning assigned by section 2(1) of the Interpretation Act 2005;

"European Communities" has the same meaning as it has in the European Communities Act 1972.".

The straightforward net point is that the Bill does not include defences under a statutory instrument unless the instrument is made to implement an EU law. I am advised that using the definition of "enactment" in the Interpretation Act 2005, which includes statutory instruments, would be more appropriate.

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