Seanad debates

Friday, 27 February 2009

 

Financial Emergency Measures in the Public Interest Bill 2009: Committee and Remaining Stages.

12:00 pm

Photo of Martin ManserghMartin Mansergh (Tipperary South, Fianna Fail)

I thank the Senator for bringing this to our attention. It is the case that the drafting convention is to use "as amended" which is a generic term covering, for example, additions or deletions. The phrase commencing "as amended by" in this case governs the immediately preceding words, that is, "the Defence Act 1954". It is this Act that was amended by section 34 of the Defence (Amendment) Act 2007. While the amendment inserts a new Chapter IVC rather than amends an existing provision, it is not the case that the term "as amended" needs to be changed. Put simply, the Defence Act 1954 is amended by the insertion of a new Chapter, and it is the Defence Act 1954 that is amended as indicated in the text of the section. Consequently, I do not propose to accept the amendment, although I recognise the spirit in which it was offered.

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