I move amendment No. 44:
In page 11, subsection (1) (a), lines 34 and 35, to delete "of this Act".
SECTION 10.
Amendments Nos. 42 and 43 not moved.
Amendment agreed to.
Amendments Nos. 45 and 46 are out of order as they involve a potential charge on the Revenue.
Amendments Nos. 45 and 46 not moved.
I move amendment No. 47:
In page 12, subsection (2), line 11, to delete "explain to" and substitute "inform".
I am interested in the Minister's response.
I prefer the current wording. A requirement to "inform" has a somewhat neutral connotation; here is the information and one can take it or leave it. The concept of explanation carries a more positive sense which would encompass the notion of ensuring the recipient of the information has not only heard or read it but also understood it. The word "explain" is stronger.
Amendment, by leave, withdrawn.
Amendment No. 48 not moved.
I move amendment No. 49:
In page 12, between lines 15 and 16, to insert the following subsections:
"(3) The immigration officer or, as the case may be, the member of the Garda Síochána concerned shall notify the Commissioner and the Appeal Board of the detention or release of a person pursuant to the provisions of section 9.
(4) The Commissioner or, as the case may be, the Appeal Board shall ensure that the application for a declaration of a person detained pursuant to subsection (8) or (13) (a) of section 9 shall be dealt with as soon as may be and, if necessary, before any other application for a declaration of a person not so detained.".
The amendment proposes to place an obligation on the commissioner or the appeal board, as appropriate, to deal speedily with applications from applicants who are detained in accordance with the provisions of section 9. The amendment also places an obligation on the immigration officer or the garda concerned to inform the commissioner and the appeal board where an applicant is detained. Unfortunately, it is necessary to provide for the detention of applicants in certain exceptional circumstances. However, the amendment is an additional safeguard.
Amendment agreed to.
Section 10, as amended, agreed to.