Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

It is subject to section 11(1), so it is any proceedings except for relevant proceedings, as defined. Section 11(1) states that in relevant proceedings brought by an enforcement authority, a relevant declaration shall be conclusive evidence. It is all laid out there. I still have an issue with section 11(2). I do not believe the changes the Minister is looking at in section 10 address it. I do not understand why a relevant declaration shall not be admissible in evidence in any proceedings, apart from enforcement proceedings in section 11(1), relating to the Bill. Why would it not be admissible?

I take the Minister's point that if someone is taking proceedings and all they had was a section 10 declaration, maybe that would not be enough for proceedings to go ahead, but that is not what this says. It states "shall not be admissible" - full stop. Even though we may think something is relevant, and it may well be, this legally bars it from being admissible. That is a very strong, direct, specific provision. Will the Minister explain why it is there? I do not believe the changes he is considering for section 10 will address the concerns I have. Why is the Minister proposing this in the Bill?