Brian Hayes (Fine Gael)

I move amendment No. 15:

In page 12, subsection (2), line 27, to delete "require" and substitute "compel".

Section 12(1) imposes an obligation on the commission to disclose the substance of evidence to certain persons. Section 12(2) suggests that the obligation to disclose evidence does not require the disclosure of the source of that evidence. That is the distinction. The amendment seeks to bring some clarity to this matter. I want to ensure that a cautious or narrow reading would not result in a commission coming to the conclusion that it feels it must disclose the source. It should not feel so compelled. The use of the word "require" is too loose and open to misinterpretation. I suggest the word "compel" as a means of giving the commission the clarity it needs in terms of disclosing the source of the evidence. It is in that context that we propose the amendment.