Sean Barrett (Independent) | Oireachtas source

I move amendment No. 35:

In page 24, lines 36 to 43 and in page 25, lines 1 to 10, to delete subsections (6) to (8).

It is proposed to turn what started out as a code of practice into a legal offence in this provision. While codes of practice are useful to try to raise standards, this provision provides for the imposition of penalties for some offences which appear to be trivial, to say the least. That is my difficulty with the section.

The Bill provides that subsection (7) will apply "in proceedings for an offence under this Act where there was a relevant code of practice in effect at the time of the commission of the alleged offence". This provision appears to criminalise breaches of a code of practice. While I approve of codes of practice, they work because they persuade rather than legally oblige people to adopt certain practices.