Malcolm Byrne (Fianna Fail) | Oireachtas source

I move amendment No. 125:

In page 87, between lines 32 and 33, to insert the following: “(2) Where an offence under any of the relevant statutory provisions has been committed by an undertaking and the doing of the acts that constituted the offence has been authorised, or consented to by, or is attributable to connivance or neglect on the part of, a person, being a director, manager or other similar officer of the undertaking, or a person who purports to act in any such capacity, that person as well as the undertaking shall be guilty of a offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(3) Where a person is proceeded against as aforesaid for such a offence and it is proved that, at the material time, he or she was a director of the undertaking concerned or a person employed by it whose duties included making decisions that, to a significant extent, could have affected the management of the undertaking, or a person who purported to act in any such capacity, it shall be presumed, until the contrary is proved, that the doing of the acts by the undertaking which constituted the commission by it of the offence concerned under any of the relevant statutory provisions was authorised, consented to or attributable to connivance or neglect on the part of that person.

(4) In the event of a dispute as to the identity of the person responsible for the alleged offence, it shall be presumed, until the contrary is proved, that the person designated as responsible for online safety on the register as provided for in S.139J.(2)(c), shall be the responsible person.

(5) Summary proceedings may be brought and prosecuted by the Commission in the case of an alleged offence.”.