Seanad debates

Wednesday, 28 May 2003

Companies (Auditing and Accounting) Bill 2003: Committee Stage.

 

10:30 am

Photo of Feargal QuinnFeargal Quinn (Independent)

I move amendment No. 21:

In page 25, subsection (3)(b), lines 24 and 25 to delete ", or may be,".

I suggest the deletion of the words "may be" and "may arise" in the subsections to which the amendments refer. It seems astonishing that the supervisory authority will be given power to act if it thinks there may be a problem. It is stronger than that because the term "appears" is used. A citizen, or in this case a company, is entitled to some protection against what might be no more than an opinion or a suspicious mind. Subsection (3) states that "the Supervisory Authority may give notice to the directors of a relevant undertaking concerning its annual accounts where . it appears to the Supervisory Authority that there is, or may be, a question whether the annual accounts comply with the Companies Acts." That seems logical, but the term "it appears to the Supervisory Authority that there is, or may be" is used. It is over the top, unnecessary and almost tautology to state this or stretch it way beyond where it should be.

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