Brian Lenihan Jnr (Dublin West, Fianna Fail)

What will happen under this legislation is not unusual. It happens in many court proceedings that an interim order is obtained, such as to restrain a manufacturer from operating a particular manufacturing process because it is a nuisance. There is no strict time limit but the case will normally return within five or six days. The manufacturer may say he is not in a position to meet the case on the day because he has to call a great deal of technical evidence and the court will generally adjourn the matter, but the order continues in force against the manufacturer until he can meet it. Under this Bill, the District or Circuit Court judge will be in the position that the Oireachtas has said the interim order can only endure for an eight day period. Accordingly, the order will be spent unless a fresh order is made at that stage. That is inescapable, having regard to the nature of the legislation.

A respondent seeking an adjournment cannot use his or her right to apply for an adjournment – and to invoke the court's power of adjournment – for the purpose of defeating the intention of the Oireachtas. The effect cannot be to make the section lapse. That is clear. In that situation – and it is not for us to prescribe – I believe the court would look at the circumstances of the case, make some form of inquiry as to the nature of the defence the respondent wished to advance and decide, in that context, how to exercise its discretion in relation to confirmation. For example, the court might decide to confirm the order for a further seven days, after which time the respondent could meet the case.