This amendment arises from an issue raised on Committee Stage. While I was unable to agree to the specific amendments put forward by the Labour Party on Report Stage in the Seanad, which would not have allowed the court to impose a fine greater than the otherwise appropriate fine after the court had taken into account the financial circumstances of the person, an official amendment comprising a new formulation for subsection (3) was made by me in the Seanad. The amendment does not alter the substance of the section but it is clear in making the linkage between subsections (1) and (3).

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