I move amendment No. 76:
In page 34, lines 29 and 30, to delete "fails, neglects or refuses" and substitute "refuses, neglects or otherwise fails".
Putting "refuses" first means a person is guilty.
SECTION 27.
Deputy Browne is extremely effective in getting the Minister to agree to his amendments. The Deputy's arguments are obviously cogent and convincing. I am not trying to detract from Deputy O'Donnell; I am only commenting on the Fine Gael amendments.
Amendment agreed to.
I move amendment No. 77:
In page 35, lines 24 and 25, to delete "or control".
This amendment is querying the use, and proposes the deletion, of the words "or control". The documents shall remain in the possession or control of the society where an application is not made in accordance with subsection (4) of this section or the High Court, on such application, directs that the documents shall remain in the possession or control of the society. The society may make such inquiries as may be reasonably necessary to ascertain the person.
Is possession, rather than control, of the society sufficient? Control seems to be different from possession.
In looking at the section as a whole, I prefer Deputy O'Donnell's approach. Subsection (3), to which this matter relates back, merely refers to the Law Society taking possession. For the sake of consistency and commonsense, I will accept the amendment.
Amendment agreed to.
I move amendment No. 78:
In page 35, line 39, to delete "If" and substitute "Where".
Amendment agreed to.
Section 27, as amended, agreed to.