Civil Law (Miscellaneous Provisions) Bill 2021: Committee and Remaining Stages
Seanad Éireann — 2021-07-02
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James Browne (FF), Wexford

I thank Senator Ward for putting forward these amendments. In terms of amendment No. 1, which proposes a change to the definition of an authorisation, I do not intend to accept this amendment as the definition is sufficient as drafted. The use of the word "and" in both instances is of the proper form and construction and the proposed amendment may have unintended consequences for the interpretation of the Bill.
In terms of amendments Nos. 2 to 5, inclusive, my officials have consulted with the Office of Parliamentary Counsel concerning the language suggested in the Senator's amendments. The Office of Parliamentary Counsel has advised my officials the definitions in the Bill are in the correct form, as currently drafted. Furthermore, on amendment No. 4, the Senator will be aware section 21 of the Interpretation Act 2005 provides that when an enactment contains the definition or other interpretation provision, the provision shall be read as being applicable except insofar as the contrary intention appears in the enactment or the enactment under which the enactment is made.
On that basis, the Senator will appreciate the additional language he has proposed for the term "licence" is not needed and could cause difficulty and confusion, as the specific term of "licence to occupy" is not defined in the Bill. For those reasons outlined, I cannot accept any of the amendments.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2021-07-02/debate/main
Retrieved: 2026-08-14T04:49:28+00:00
Sitting date: 2021-07-02