Seanad debates

Thursday, 4 December 2008

Charities Bill 2007: Committee Stage

 

5:00 pm

Photo of Joe O'TooleJoe O'Toole (Independent)

We should progress the matter. I recognise the point made by the Minister of State at the beginning. He has hinted the amendment may be in conflict with company law and especially the Companies Act 1990, which dealt with reckless trading. I will put again a question which the Minister of State did not address in his response. We require a more complete answer. I am concerned that if I move this amendment, it may be in conflict with existing company law and there may be further consequences. It would be helpful to tease out the matter further on Report State. I will do some more research and I intend to discuss it with the Director of Corporate Enforcement and obtain a view from him. It would be helpful to see where we stand and to establish the position if this were to be passed. We should have an honest assessment of how it fits in with existing company law. I do not wish to appear to be an innocent at large. One cannot say that something which clearly is wrong is right to justify passing a law and that is not what we aim to do. We aim to ensure people do not find themselves enmeshed involuntarily because of a given law having acted reasonably and in good faith. Will the Minister of State take further advice and perhaps we can revisit the issue on Report Stage?

Comments

No comments

Log in or join to post a public comment.