Maurice Cummins (Fine Gael)

I move amendment No. 39:

In page 105, subsection (1), line 22, to delete "written".

This amendment addresses two issues arising from the subsection. First, the subsection requires any legal submission to be made in writing before it may be considered. There does not appear to be any solid basis for this and such a restriction should not be contained in primary legislation. If endorsing expiry times and dates is a matter for the rules committee of the various courts, then this matter should, at the very least, be decided at that level. Notwithstanding that, there is no reason a person should be prevented from making such an application orally. The subsection also unfairly discriminates against illiterate persons or those with weaker writing skills from acting on their own behalf.

The second issue relates to representation by a barrister or solicitor. It is a technical element but the subsection does not allow for a professional legal representation. The amendment would remove any potential confusion surrounding this issue.