Seanad debates

Wednesday, 20 May 2009

Companies (Amendment) Bill 2009: Committee Stage

 

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

From experience, I do not believe that would quicken matters in any way. I would be very open to a change if change were necessary to get the right balance. However, to get the right balance one must go to the middle and the only middle ground I can see is the phrase "reasonably practicable". If there is another form of words which could deal with both ends of the argument we should examine it. I seek the right balance and I fully agree with the arguments made by my colleagues. If someone is playing the old soldier and using the legislation to block people from doing their daily work then that is not what we have in mind. It is not the intention of the legislation and should not be allowed. On the other hand if people try to hide material because of the legislation and because they know there is a time limit before which they could be checked then it does not meet our cause either. The only way is for people to act reasonably in the spirit of the law and the only way to judge that, generally speaking, is in the courts. There are other ways but lawyers would never allow us to do so.

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