Mr. William Beausang:

There is a significant innovation in the legislation in terms of the issue of enforcement. In the presentation we circulated - the Deputy might have an opportunity to have a look at it at some stage - it looks a little complex on the face of it but it is reasonably straightforward. Where there is a contravention of the legislation, the commissioner for public sector standards needs to make an assessment as to whether it is an offence and whether the official has broken the law in the context of possible criminality. In those situations, he or she can refer to the DPP if it is an indictable offence or he or she can prosecute summarily and there is scope for less serious offences for the commissioner to consider issuing a fixed penalty notice. We would expect that to arise in the case of inadvertent non-compliance. When it is not an offence but it is not a minor breach, the innovation in the legislation is that the commissioner can issue civil penalties such as a censure or a warning to the person concerned or orders to rectify. In significant cases, the commissioner can recommend a suspension. In the case of the Oireachtas, that would need to be worked through the Houses of the Oireachtas's internal processes. It is just a recommendation but in the case of a civil servant or a local authority official, a recommendation for a suspension goes back to the head of the office or the city or county manager for further processing. Where there is a contravention but it is not an offence and it is considered a minor, technical breach, the commissioner can provide confidential advice or guidance or refer to the public body for further action.

There is a suite of menus there to strengthen the ability of the regulator to ensure compliance and conformity with the legal requirements in a proportionate way that supports the overall intention that the regulator would be constructive and that given the complexities of the issues the legislation relates to, allows the regulator to engage with people subject to the legislation, provide advice and guidance and assist people in complying with what are objectively quite extensive and, in some instances, stringent requirements.