Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

The Office of Public Works has advised that there is a difficulty with the provisions in this section in respect of their constitutionality. As drafted, the section allows the prosecution to prove all of the ingredients of the offence by way of statements in a document. The prosecution would not be required to call witnesses and, consequently, the defence would not have an opportunity to cross-examine, which is a fundamental requirement in any proceedings for an offence. As a result, section 47 is to be replaced by a modified version of this provision, which is proposed as an amendment to section 75 of the Bill. The modified provision will result in a new subsection being inserted into section 21 of the Industrial Relations Act 1946. The section created an offence of failure to appear before the Labour Court on foot of a summons to so appear. As originally drafted, section 47 would have allowed the prosecution to prove all the ingredients of the offence in question by way of statements in a document. The prosecution would not be required to call witnesses and consequently the defence would not have an opportunity to cross-examine, which is fundamental to proceedings for an offence.