Interpretation Act 2005 section 5

Construing ambiguous or obscure provisions, etc.

Section 5 sets out how ambiguous, obscure, or potentially absurd provisions in Acts and statutory instruments should be interpreted.

• Where a provision of an Act is unclear or would produce an absurd result if read literally, it must be interpreted in line with the plain intention of the Oireachtas (or the relevant parliament for pre-1922 legislation)
• The same purposive approach applies to statutory instruments — they must be read in line with the plain intention of the instrument's maker, viewed in the context of the enabling legislation
• This purposive interpretation only applies where the intention can be ascertained from the Act or instrument as a whole
• Provisions that impose penalties or other sanctions are excluded from this rule and cannot be given a broader purposive reading