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

I move amendment No. 19:

In page 30, after line 39, to insert the following:"Prosecution of offence under relevant enactments
36. (1) The power vested in the Minister under any relevant enactment to bring and prosecute summary proceedings for an offence under that enactment is transferred to the Commission.
(2) References in any enactment or instrument under an enactment to the Minister in so far as they relate to a power transferred by this section shall be construed as references to the Commission.".

This amendment is required in order to transfer the prosecution functions vested under relevant legislation in the Minister for Jobs, Enterprise and Innovation to the new workplace relations commission. The Bill, as published, provides that those offences created thereunder will be prosecuted by the commission. The effect of this would be to retain the Minister as prosecutor for a range of existing employment-related offences.

This is not desirable in circumstances where the inspection service is brought within the remit of the workplace relations commission by the Bill and could result in confusion and duplication of resources.