Rónán Mullen (Independent)

I seek further clarification on this point. It is clear from the legislation that two scenarios could arise; I propose that failure to comply with an improvement notice would be an offence. The legislation provides that the person may appeal the improvement notice to the District Court. The implication is that the District Court, as is clearly laid out in the legislation, may affirm or revoke the notice. The legislation as drafted does not provide in this section that where the District Court makes a decision on the improvement notice that has been the subject of an appeal that it would be an offence at that point to fail to comply with an order.

I will happily withdraw the amendment if the Minister gives me a commitment that he will either bring forward or accept an adjusted amendment, which would at least require that it would be an offence if a person fails to comply with an order of the District Court on an improvement notice. I accept there is a distinction between a failure to comply with an improvement notice order from a local authority or from an authorised officer. If you will pardon me mixing my animal metaphors, a Leas-Chathaoirleach, it is a horse of a different colour to suggest that it would not be an offence for a person to fail to comply with an order of the District Court