Dick Roche (Wicklow, Fianna Fail)

I read these amendments with interest. The provisions in this section apply where a person has failed to comply with the directions of a commission. The issue at stake is whether a commission should be required to give notice where it decides to seek a High Court order for compliance with its direction. The Bill is silent on the matter on the basis that any issue arising can be dealt with by means of the rules of court.

I do not propose to accept the amendment for good and cogent reasons. While it is desirable that notice should be given to any affected party, there are occasions on which it is not necessary, possible or even desirable that this should be the case. For example, where notice of court action could produce circumstances in which evidence might be destroyed, it would not be in anybody's interests to provide it. The need to observe fair procedures will inform all of a commission's activities and I am satisfied that any gaps which become apparent can be addressed as they arise by amendments to the rules of court. It is preferable to deal with the issue in this way rather than by inserting a new provision in the Bill to oblige a commission to give notice even in cases in which notice would be impractical, impossible or result in a negative impact. I suggest that amendment No. 19 and the associated amendments, which are similar, be withdrawn.