Joanna Tuffy (Labour)

I move amendment No. 16:

In page 25, to delete lines 31 to 36 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)."

I move this amendment to give the Government the opportunity to re-examine the issue. While I said yesterday that I was not sure our wording was the most suitable way to deal with the problem, there is a lack of clarity in the legislation as it stands. If a person is unhappy with the fact that he or she has been mentioned in a report or with its content, he or she has the choice to seek an amendment or go directly to court. Under the legislation, a person will not have a second chance to go to court if he or she is unhappy with the commission's review. If the person goes to court, it may involve a great deal of litigation. We have therefore tried to make it clear that a person will have the opportunity to go to court if he or she is unhappy with the outcome of a request for an amendment to a report. Has the Government reconsidered the proposal?