James Browne (Wexford, Fianna Fail) | Oireachtas source

I note there is an old section 8 which has also been deleted. It is not in any of the groups but I note it for the record.

Amendments Nos. 22 to 24, inclusive, are grouped. These amend sections 13 and 14. Amendment No. 22 creates a new section to provide that the directors or other officers of a body corporate may be liable to be proceeded against under this Bill where the offence is committed by the body corporate with the connivance of that director or other officer. This is a necessary and common provision in statutes such as this whereby offences can be committed by a body corporate, but there is an additional liability for directors if the offence is proven to be committed with their consent or connivance. It is important, therefore, that I provide for it in this Bill so that offences of this type are not overlooked.

Amendment No. 23 revises slightly the wording in section 14 in accordance with the usual formulation used in primary legislation, stipulating that no proceedings under this proposed Act or for an offence of perjury or subornation of perjury shall be brought except by, or with the consent of, the Director of Public Prosecutions.

Amendment No. 24 amends the reference to summary proceedings in section 14(2) of the Bill so that it reads "summary proceedings in relation to an offence under this Act or an offence of perjury or subornation of perjury under any other enactment or law". This is a technical amendment to wording on the advice of Parliamentary Counsel.