Brian Lenihan Jnr (Dublin West, Fianna Fail)

The formula of words used in the subsection was chosen with deliberation by the Parliamentary Counsel. The wording introduces the notion of a direction being issued by the Minister. This is important when one remembers the reason for the Bill, which is to provide a clearer legislative basis for the powers of the Minister to grant temporary release.

The approach used introduces and defines the term "direction" thus avoiding the need for the term to be separately defined elsewhere. The structure of the Bill is then based on the subsequent use of the term "direction" which is used throughout the later subsections. I agree with Senator Terry that the particular sentence could be read more concisely if her amendment was accepted. However, it must be recognised that to accept the amendment would cause problems elsewhere in the overall text of the Bill by upsetting the premise on which other subsections are constructed, namely that the term "direction" has been defined at the outset and is then referred to throughout the Bill.

The Senator will notice that the Bill, unlike many such Bills, does not contain a definition section. There is clarification in section 1(10) and (11) of the meaning of what is a probation and welfare officer and references to other enactments. There is not a section in this Bill defining the terms used in it, although such a section is often included in legislation. Therefore, the other cumbersome formula used at the inception of the measure is to clarify the concept of a "direction", which is one of the key concepts of the Bill. If the draftsmen had chosen the route of inserting a separate section defining "direction", I could have accepted the amendment proposed by Senator Terry. However, I regret that I am unable to do so.