Ruairi Quinn (Dublin South East, Labour) | Oireachtas source

I move amendment No. 73:

In page 50, before section 62, to insert the following new section:62.--Section 13 of the Act of 1998 is amended by inserting the following subsection after subsection (12):

“(12A) A person who obstructs or interferes with an inspector in the course of exercising a power conferred on the inspector by this section or impedes the exercise by the inspector of such a power commits an offence and is liable--

(a) on summary conviction to a Class A fine, or
(b) on conviction on indictment, to a fine not exceeding €100,000.”.”.

Under section 114 of the Vocational Education Act 1930, every person who obstructs or impedes an inspector in the exercise of his or her powers conferred by that section, is guilty of a criminal offence. That section conferred power on an inspector to enter and inspect any school which was funded by the Minister under the 1930 Act or any school or course maintained or assisted by a VEC.

The purpose of this amendment is to retain that criminal offence, to update the fines associated with it and to extend its potential application beyond VEC institutions to any place inspected by the Department's inspectorate.

The principle of having a criminal penalty where a person obstructs or interferes with a statutory inspection regime is not unusual. Let me cite an example of a similar approach in other sectors. Under section 79 of the Health Act 2007, a person who obstructs or impedes a HIQA inspection is guilty of an offence and may be liable to a fine or a term of imprisonment of up to two years, or both. I can read other examples into the record if the sub-committee so wishes. That is the reason why, as an ultimate sanction, the criminal offence is there.