John O'Donoghue (Kerry South, Fianna Fail)

I have a clear view on this. The test of reasonableness is successfully applied in tort and other areas of civil law all the time by judges. The test of reasonableness is even applied in the criminal law where a person must be found guilty beyond a reasonable doubt. If it can be used as a determinant in murder cases, I feel sure it can be used as a determinant or benchmark when dealing with the question of whether an individual was obliged to disclose a certain fact or issue.

Section 194 of the Companies Act deals with the duty of a director to disclose his interest in contracts, transactions or arrangements in the company in which he is involved. This Bill provides for disclosure in respect of the director of a subsidiary and therefore the application of section 194 is not required. Thus, the same disclosure regime applies to a member of the authority or a committee, a member of staff of the authority or a subsidiary or a consultant or adviser engaged by the authority.