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

The way in which the Bill deals with that achieves the right balance in terms of what the Deputy seeks. The commission will have authority under section 63C(2) to initiate an investigation of a relevant goods undertaking on foot of receiving a complaint but it can also do it on its own initiative. This alternative allows us to investigate independently of the complaint being made. Equally, the provision to issue a contravention notice making breaches of these orders an offence is intended to allow the commission to enforce regulations without having to base its actions on complaints. In other words, it can take on something without revealing the identity of the complainant. I am sure the commission will seek to protect the identity of persons who supply it with information in the first instance in the course of commencing its investigation, and section 23 contains a provision on unauthorised disclosure of confidential information. However, in terms of someone who gets to an enforcement stage, if the case does not stand on the investigative powers the right of the accused to details of his or her accuser is a core tenet of our Constitution and legal system. While I understand the rationale for what the Deputy is proposing, we have provided the best protection possible to allow the commission investigate while protecting the anonymity of the complainant but if it stands and falls on the evidence of the complainant, it cannot pursue without that complaint.