Feargal Quinn (Independent)

I move amendment No. 73:

In page 17, paragraph 4(2)(e), line 41, to delete "powers." and substitute "powers to raise within the timeframe at paragraph (a), and within the competence to respond within the rationale required at paragraph (d).".

The purpose of the amendment is to seek protection for management in companies in Ireland where immutable decisions are taken at a head office in another country. In such circumstances, it is necessary to restrict the role of management to areas in which they have competence. The head office of an organisation at which decisions are made and from which instructions are issued to local management may well be located abroad. On that basis managers in Ireland will not have control of company activities and will act as they are obliged to act. For this reason, it is reasonable to include the proviso that managers in such circumstances act "within the competence to respond within the rationale required at paragraph (d)". The sole purpose of this amendment is to ensure the legislation takes account of the fact that in some cases company decisions are taken abroad.