Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

This proposed amendment seeks the deletion of the provision which provides that where there is or was available to the complainant an alternative and satisfactory means of redress regarding the conduct complained of the commission may decide not to investigate a complaint. This is just one of four grounds for a decision not to continue with a complaint, the others being on the grounds of frivolous or vexatious complaints, trivial subject matter or the complaint occurred at too remote a time to justify an investigation.

While it is not possible to investigate the volume of complaints that might be made in the future, it is vital that the commission is not obliged to investigate every complaint. Equally, to be effective it will undoubtedly have to prioritise its resources to enforce all of its statutory functions. I believe that where there is or was an alternative and satisfactory means of redress regarding the conduct complained of, it would be reasonable for the commission to choose in the round not to pursue the investigation of an individual complaint. The complainant would be advised of the reasons for such a course of action, thus, I am not in a position to accept this amendment.