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

I move amendment No. 24:

In page 17, between lines 5 and 6, to insert the following:"(f) by the insertion of the following subsection after subsection (4):

"(4A) Where an appeal is made by a complainant under subsection (4) within the time specified in that subsection, the Investigating Committee shall review the decision of the Director which is the subject of the appeal and either—

(a) uphold that decision, or

(b) quash that decision and proceed to hold an inquiry in respect of that complaint under subsection (5)(a).",".

The 2001 Act provides that the director of the council, where he or she refuses to refer a complaint to the investigating committee, will inform the person making the complaint of that decision and the reasons for it within 21 days. It also provides that the person may appeal the decision to the investigating committee and that where such an appeal has been made the complaint will proceed to the investigating committee stage. However, it is more appropriate that, where the director's decision to refuse the complaint has been appealed, the investigating committee would consider in the first instance whether it agrees with that decision, rather than proceeding to investigating committee stage. Accordingly, this amendment makes provisions where such an appeal has been made for the investigating committee to review the decision of the director not to refer the complaint to the investigating committee and to either uphold that decision or to quash the decision and then proceed to hold an inquiry in respect of that complaint.