Brendan Ryan (Labour)

This is a somewhat worrying section. It states:

A court or tribunal may not make an order or decision that would have the effect of binding the Registrar if the order or decision would prevent the Registrar from providing the services prescribed . . .

Is that constitutional? It seems unconstitutional to suggest that we can write legislation which tells the courts they can never make an order.

I do not wish to be awkward but this section contains a sweeping statement. While I do not suggest it will happen, a court may wish to commit the registrar to prison for fraud but this section implies he or she would be immune from any judicial supervision of his or her activities. The aim of the section is clear but it seems rather loosely drafted. Although I have not endeavoured to amend it, I encourage the Minister to reconsider the wording before the legislation passes through the Dáil.

I understand the Minister does not want the registrar to be entangled in legal actions brought by malicious people trying to avoid paying their debts. Nevertheless, we should avoid creating an entity which is above the law. I am sure the Attorney General advised the Minister that it was all right, but the section is problematic if it provides a certain course of action may never be taken, if it prevents the registrar from doing his job and if the courts have to stay out of the matter. This is not a major issue but I am concerned about the wording.