Barry Ward (Fine Gael) | Oireachtas source

I move amendment No. 18:

In page 9, line 8, to delete “without delay”.

At a number of points in the amending Bill, it is proposed to amend the 2003 Act to require judicial authorities and others to do things "without delay",which is the phrase that is used. The reason I seek to remove that is not by any means to encourage delay, but to acknowledge the fact that I think it is a slightly nebulous term insofar as what constitutes delay is not entirely clear to me. My concern is that we are, to an extent, hamstringing the issue of proceedings or whatever it might be because there are a number of instances that exist throughout the Bill. I wonder if there is a need to include the "without delay" provision. It should be understood. Obviously there should not be delay but I am not clear what is meant by "without delay". There is not a specific timeframe defined. My concern is that if we include the term "without delay", it could potentially give a ground on which proceedings that are quite legitimate and done expeditiously might ultimately fail because it might be submitted in the High Court that they had been done with delay or that there had been an absence of "without delay", if I could put it in those terms. That is why I have tabled the amendment.