Mary Lou McDonald (Dublin Central, Sinn Fein) | Oireachtas source

I move amendment No. 10:

In page 9, between lines 2 and 3, to insert the following:"(c) that a person has failed, is failing or is likely to fail to comply with a nonstatutory obligation, such as that arising from a professional code or workplace code of practice or recognised international standard, where such obligation is intended to uphold human rights, or other rights of citizens,".

The Minister will recall that we had some discussion around this matter on Committee Stage. The objective of my amendment then and now is to ensure that breaches of what might be termed soft law or professional codes of conduct that do not have a statutory footing are covered by this legislation. At the time, the Minister not unreasonably raised the fact that, as an unintended consequence, codes of conduct could be a containment mechanism and have the reverse of the impact I had intended in my amendment, so I have recast it. The qualification is "where such obligation is intended to uphold human rights, or other rights of citizens". This affords clarity to the effect that soft law, standards and codes of practice are covered by this legislation and adds the rider that those obligations are intended for the upholding of citizens' human or other rights. This addresses the fair concern that the Minister raised on Committee Stage.

It is important that soft law obligations be covered explicitly by the legislation. I do not know whether the Minister is minded to accept my amendment, but he might clarify the reference in section 5(4) to the general corpus of law, be it within or without this jurisdiction. If the Minister will bear with me, I will rummage and find the precise-----

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