Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 18:

In page 8, after line 25, to insert the following:

“Offences

24. (1) A person who fails to comply with a direction to which he or she is subject shall be guilty of an offence and shall be liable-- (a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.

(2) A person who intentionally hinders the compliance by an undertaking with a direction shall be guilty of an offence and shall be liable--

(a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.

(3) A person who contravenes section 20(1) or paragraph (b) or (c) of section 20(2) shall be guilty of an offence and shall be liable--

(a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.

(4) A person who contravenes section 21 shall be guilty of an offence and shall be liable--

(a) on summary conviction to a class A fine or to imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or both.

(5) (a) Where an offence under subsection (1), (2), (3) or (4) is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to have been attributable to any wilful neglect on the part of, any person, being a director, manager, secretary or any other officer of the body corporate or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(b)Where the affairs of a body corporate are managed by its members, paragraph (a) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

(6) A court hearing proceedings for an offence under this section, including any appeal or subsequent proceedings, may, on its own motion or on the application of the Director of Public Prosecutions, order that the proceedings, or part of them, be held otherwise than in public.”.

This amendment which provides for section 24 contains a number of offences all of which carry penalties of class A fines and-or 12 months imprisonment on summary conviction or an unlimited fine or five years imprisonment on conviction on indictment.

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