Joe O'Toole (Independent)

I accept what the Tánaiste has said. It matches my understanding of the position. It might help Senator Cannon if a comma were included after the word "company" in the proposed new section 40 of the 1990 Act. Although the word "who" cannot refer to a company, the manner in which the proposed section is worded almost suggests the company is being referred to. The Tánaiste has made it clear the reference is to any officer who is clearly in default. There will be a quite high burden of proof on the prosecution to prove that is the case. I am comfortable with what is being proposed. Somebody might rely on an old interpretation of the word "who" to claim it refers to the company, and therefore every officer of the company. It is a small point. The Tánaiste has clarified the matter on the record of the House.