Seanad debates
Thursday, 3 June 2004
Civil Liability and Courts Bill 2004: Committee Stage (Resumed).
12:00 pm
Michael McDowell (Dublin South East, Progressive Democrats)
There is a rule of construction which is enshrined in the Latin maxim ad impossibile nemo tenetur — nobody will be required to do the impossible. If one does not know something, one cannot supply the information. I do not think a reasonable interpretation of the section could be that somebody was in breach of its provisions in respect of something they could not know. It is already implicit in the section that the information is only information that is available to a person and of which he or she has knowledge.
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