The Sub-section reads: "Where before the trial or at any stage of a trial, it appears to the court that the indictment is defective, the court shall make such order for the amendment of the indictment as the court thinks necessary to meet the circumstances of the case, unless having regard to the merits of the case, the required amendments cannot be made without injustice, etc." Objection was taken that those words, "having regard to the merits of the case," were indefinite, and that they meant nothing, and the suggestion was made that the word "facts" be substituted for "merits." But it was pointed out that it would be hard for the court to consider the merits of the case when the case was actually not opened, because the change in the indictment might be made before the trial. It was decided to drop these words, and to insert in the next line after the word "cannot" the words "in the opinion of the court." That is the next amendment. I move that the Committee agrees with the Seanad in the said amendment.
Agreed.
Amendment 2. In Section 6 (1), immediately after the word "cannot" in line 6, the words "in the opinion of the court" inserted.