Dick Roche (Wicklow, Fianna Fail)

When the Senator suggested we should take this point aside and examine it, I was interested, but there is not a cogent argument for doing what the Senator proposes. If we were to insert the word "either" in this subsection, we would have to redraft the text elsewhere in this section and insert another word "either", which would not add greatly to the text. If one includes the word "either" after the word "that" on line 40 of page 8, as Senator Bannon is proposing, one will subsequently have to insert the same word elsewhere in this section. It is a question of the stylistics of drafting.

The insertion or omission of the word "either" would not have a significant impact on the Bill. The proposed section 37E is clear without the inclusion of the word "either". If one makes such a change, one will have to examine the consequential text, which would complicate matters unnecessarily. I do not think the inclusion of the word "either" would bring any additional clarity to the situation. The text, as it stands, is clear enough on the issue of when a board may refuse to deal with an application. The proposed additional word would probably add nothing to the legislation. If I accept the amendment, I will have to consider the need for further redrafting. Therefore, I am not disposed to accepting it.