Mary Coughlan (Donegal South West, Fianna Fail)

This proposed amendment seeks to avoid unnecessary duplication that could be caused by two applications being made to the court arising out of the same circumstances. As currently worded, the Bill provided that the ODCE, Office of the Director of Corporate Enforcement, or court appointed investigator must apply to court for a determination on whether material seized was professionally privileged. The company under investigation or a person from whom books and documents have been taken may, if they wish, apply. The amendment to the Bill provides that where the ODCE or court appointed investigator is aware that the company or person has already made a relevant application to court there is no need to file a separate application.