Seanad debates
Wednesday, 20 May 2009
Companies (Amendment) Bill 2009: Committee Stage
Ciarán Cannon (Progressive Democrats)
I move amendment No. 2:
In page 4, lines 20 and 21, to delete "books or documents" and substitute "classes of documents".
As the Cathaoirleach has pointed out, all these amendments seek to achieve the same outcome, that being to formalise and to clarify an existing power available to the director by providing that the director shall specify the books or documents to be produced where and when. The precise reference to books or documents as opposed to classes of documents - as suggested by Fine Gael - may hinder the director in that the person to whom a direction is made may require the director to identify a particular book or document as distinct from just identifying a class or a type of document. Leaving the director open to such a challenge carries some risk in our view and most certainly lessens his powers of seizure.
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