Joanna Tuffy (Labour)

I move amendment No. 35:

In page 25, subsection (2), lines 31 to 36, to delete paragraphs (a), (b) and (c) and substitute the following:

"(a) inform the person that it intends to amend the report, including by omitting any part of the report based on evidence received without observing fair procedures, and give the person an opportunity, if desired, to apply to the Court pursuant to subsection (1)(b),

(b) apply to the Court for directions, or

(c) inform the person that it proposes to submit the report to the specified Minister without making any amendments, and give the person an opportunity, if desired, to apply to the Court under subsection (1)(b)."

If a person submits a statement under section 35(1)(a) as currently worded, he or she might not have a further opportunity to apply to the court for an order that the draft be amended. For example, if a statement is submitted and the commission decides, nevertheless, to submit its report to the Minister without making amendments, does the person who submitted the statement have a right to go to court? As the Bill stands, there might be a multiplicity of unnecessary applications to the court by a person who is not satisfied with the outcome of his or her submission. A person must make a judgment as to whether or not to apply to the court before he or she knows the effect of submitting a statement to the commission. The amendment would provide an option to such a person to apply to the court if he or she is not happy with the way the commission is dealing with a submission and would make clear the circumstances in which a person may apply to the court.