Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I move amendment No. 22:

In page 15, to delete lines 38 and 39 and substitute the following:"(I) by the substitution of "may refuse to refer a complaint" for "shall refuse an application", and".

This amendment aims to ensure that the director is not obliged to refuse a complaint that does not satisfy certain requirements but has discretion on whether to refuse the complaint or refer it to the investigating committee. The current provision, in accordance with section 43 of the principal Act, requires that the director shall refuse to refer a complaint to the investigating committee where the complaint is not made in writing, signed by the complainant or accompanied by such documents and information as may be relevant to the complaint or where the director considers that the complaint is frivolous, vexatious, is made in bad faith or is an abuse of process. It is considered more suitable for the director to have discretion based on the information available to him or her in relation to each individual complaint to refer the complaint to the investigating committee and not to have to refuse it in all cases. For example, a complainant may not be able to satisfy the requirement to include documents relevant to the complaint if the complainant is not aware of or in possession of such documents. This measure aims to ensure that bona fide complaints may be referred to the investigating committee as appropriate.