Brendan Howlin (Wexford, Labour) | Oireachtas source

I move amendment No. 2:

In page 6, between lines 26 and 27, to insert the following: “(6) Nothing in this Act prevents a licensee from putting in issue or a court from determining, in subsequent legal proceedings to which the question is or may be relevant—

(a) whether the member who gave the direction in respect of the premises concerned had reasonable cause for suspecting the contravention of a relevant provision in respect of those premises,

(b) whether the steps which the member directed to be taken were reasonably necessary to ensure compliance with the relevant provision,

(c) whether the specified person had lawful authority or reasonable excuse for failure to comply with the direction,

(d) whether the giving of an authorisation under subsection (2) was appropriate in the circumstances, or

(e) any other question related to the lawful validity of the immediate closure order.”.

Again, the reasoning behind this is simply to improve the Bill and the amendment does that. I want to amend section 4 which deals with immediate closure orders for failure or refusal to comply with a direction. The simple fact is that under this Bill when an immediate closure order is determined, there is no-----

See this speech in context