Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I move amendment No. 9:

In page 21, to delete lines 4 and 5 and substitute the following:“(b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years or both,

(c) if the contravention concerned continues for one or more days after the date of its first occurrence, the person referred to in this subsection is guilty of a separate offence for each day that the contravention occurs; but in respect of the second or subsequent offence of which he or she is guilty by reason of that continued contravention, paragraph (b) shall have effect as if "€25,000” were substituted for “€250,000”.”.

It is a little bizarre that the Minister intends to introduce amendments Nos. 10 and 11, as they propose to make precisely the same changes as are proposed in this amendment. Rather than accepting an amendment from the Opposition, the Minister will table virtually identical amendments of his own.

The original proposals in respect of penalties to be imposed in cases of contravention of the legislation were weak. Given the resources available to the types of organisations that may breach the law and the nature of such organisations, a fine not exceeding €250,000 is a much more appropriate penalty. They should face a threat of having to pay a fine of this magnitude. There is no sense in beefing up the law in this area if one does not introduce penalties commensurate with the resources available to the organisations that will seek to abuse the legislation.

I welcome the decision of the Minister to propose amendments Nos. 10 and 11 as they reflect the purpose of amendment No. 9.

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