Alice-Mary Higgins (Independent) | Oireachtas source

With respect, what is in fact created by the current wording is ambiguity. It is not just a matter of a person at a site; it could be a person in the vicinity of the site. There may be an issue over language, for example. If, for instance, someone is simply engaged in an animal rescue after a disaster or accident, the direction might not be clear. There does not need to be a delay. My amendment does not state a warrant must be created nor does it require a judicial order. It does not even require that the chief investigator would have to give the direction. If an order is worth giving orally, it is worth giving it in writing. There does not need to be ambiguity. My amendment requires that the direction be given in writing. If the Minister of State is concerned solely with the issue of timing, maybe he wants to come back with an amendment that states a person may ask that the direction given be confirmed for him or her in writing. That would ensure the direction has applied from the point at which it was given orally. A person is entitled to have a record of the direction given to him or her. There are significant consequences, including class A fines, for those who breach directions. While we are referring to persons in the vicinity of an accident, I am almost concerned about those who might be in a community surrounding an accident, who may, absolutely inadvertently, not be clear about what they are required to do. Again, it is worth considering. As I said, the majority of my amendments, as the Minister of State will see later, look to strengthen the penalties and measures because this is extremely serious. I am worried that a large portion of the Bill is far too light, and certainly for major commercial actors, it represents barely any disincentive in terms of compliance with safety standards. It is not in any way a case of looking to undermine the powers of an investigator or somebody acting in a similar role but to ensure clarity and transparency. The Minister of State might consider, if the sole issue is the timing issue, whether the solution might be - I may be bring something on Report Stage regarding this - that if a person asks for a record of the direction, it may be given to them in writing. That seems to be something that could address the concern about when it takes effect. I am taking on board the Minister of State's concern there.