I was a member of the Veterinary Council and I know that difficulty was anticipated in connection with this matter and from the Minister's explanation, I can see now that what appeared to me to be the more objectionable phrase is now the less objectionable phrase. The word "forthwith" is definitely objectionable because the Council will meet in the evening time—it once held an investigation in Kerry—and when the council comes to a decision, it will be very difficult for the registrar to ensure that the message is sent out that evening. I was inclined to interpret "forthwith" as meaning "as soon as possible" but the Minister's explanation shows that it is very much more restricted. I would still ask the Minister to consider whether "forthwith" is necessary, because naturally people will want to comply with the decision of the council as quickly as possible and the word "forthwith" might afterwards give the legal people an opening for objections and possibly objections that some day might lead to further amendments. However, if the Minister insists that this is all right, I cannot do anything more than raise the matter and bring it to his notice and hope for the best subsequently. I think that "forthwith" would be better out than in.
Veterinary Surgeons Bill, 1960— Committee and Final Stages.
There is something in what Senator Ó Donnabháin says, but, on balance, I think it would be better to leave the word in. On the one hand, if "forthwith" were left out, it means that the council might be able to delay for several days before sending out their decision and that certainly would be a serious matter for the person concerned. It would leave him very little time to prepare a case for the High Court. If, on the other hand, the word were left in, the very most that can happen is that the person concerned can complain that he did not receive the letter for possibly a day. He can complain that the council did not comply fully with the word "forthwith". However, I am perfectly sure that any court would take the view that if special circumstances existed which prevented the council from sending the letter on the same day as the meeting was held, that was a reasonable excuse and the council would not suffer in any way for failure to send on the same date. On balance, there is a lot to be said for leaving the word in.