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Select Committee on Enterprise and Economic Strategy debate -
Wednesday, 9 Apr 1997

SECTION 89.

I move amendment No. 115:

In page 71, subsection (1), line 9, to delete "in a summary manner".

The Irish League of Credit Unions made numerous submissions to me and the Department in which they questioned the appropriateness of the High Court being permitted to hear a summary application of the Registrar under this subsection. In their view other relevant parties should also be present. I referred the matter to the Attorney General who said there appeared to be some confusion. The subsection does not say the Registrar can apply ex parte but that he can apply in summary fashion. According to my advice summary applications are not ex parteunless a rule of the court specifies them as such. All summary applications to the High Court are on notice.

Having regard to the confusion which the term has caused it has been decided to remove it. I recommend acceptance of the amendment.

Amendment agreed to.
Section 89, as amended, agreed to.
Amendment No. 116 not moved.
Sections 90 to 102, inclusive, agreed to.
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