Michael McDowell (Dublin South East, Progressive Democrats)

As I said in my opening comments on this entire amendment, the duty to co-operate is being put in a central place by these amendments. Senator Tuffy asked what constitutes a failure to co-operate. It is a bit like an elephant; it is easy to know it when you see it but it is a lot more difficult to define it. I do not intend to set out in written form all the conduct that could or could not amount to a failure to co-operate.

All of this is subject, first of all, to the obligations of the officials who operate the system to respect the law first and the Constitution second. Secondly, if it were to be abused in any way or if undue advantage were to be taken of the term "failure to co-operate" and it were stretched to deal with cases unfairly, I have no doubt that the courts would correct the situation very promptly.

Amendment to amendment, by leave, withdrawn.

Amendment No. 8 to amendment No. 15 not moved.