Amendments Nos. 19 and 20 are related and may be discussed together.
SECTION 11.
I move amendment No. 19:
In page 14, subsection (5), line 1, to delete "If," and substitute "Without prejudice to subsections (6) and (7), if".
These amendments relate to the inclusion of two new subsections, (6) and (7). The inclusion of the first is technical. The second arises from a useful suggestion made by Deputy McDowell on Second Stage that, in the context of the hearings provided for in section 11, the application to court might more effectively enforce the compliance of witnesses at such hearings. This recourse would only relate where a witness was obstructive, uncooperative or untruthful. It provides teeth for situations envisaged in subsection (5).
Amendment agreed to.
I move amendment No. 20:
In page 14, between lines 17 and 18, to insert the following subsections:
"(6) If a person does or, as the case may be, fails to do anything referred to in paragraph (a), (b) or (d) of subsection (5), the Court may, on application being made, in a summary manner, to it by the Panel, by order require the person to refrain from doing, or as the case may be, to do the thing concerned.
(7) An application for an order under subsection (6) shall be by motion, and the Court when considering the motion may make such interim or interlocutory order as it considers appropriate.".
Amendment agreed to.
Section 11, as amended, agreed to.