Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I move amendment No. 32:

In page 41, between lines 31 and 32, to insert the following:

“CHAPTER 1

Preliminary

Principal provision made by this Part and its relationship to Parts 5 and 6

32. (1) This Part provides—

(a) in relation to certain contraventions of this Act, for offences in respect of those contraventions, and

(b) in relation to contraventions generally of this Act, including those the subject of the offence provisions, or in relation to acts or omissions referred to in section 33(3), a procedure for the making of complaints, and the investigation and determination of those complaints,

and the provision made by this Part extends to regulating the matter of whether a contravention that may constitute an offence is to be dealt with under Part 5 (Prosecution of Offences) or Part 6 (Civil Consequences of Contravention).

(2) In relation to the investigation and determination of complaints, this Part includes—

(a) provision for a division of functions between the Commissioner and the Deputy Commissioner, and

(b) provision that, in particular cases, the next particular stage of the procedures provided under this Part need not be proceeded to (or, in certain circumstances shall not be proceeded to) and enabling the Commissioner to deal with the matter by, amongst other things, issuing advice or guidance to the person concerned.”.

I propose amendment No. 32 on the advice of the Office of the Attorney General. This is a signposting or explanatory-type provision to aid the reader to understand Part 4 of the Bill, which relates to contraventions, and its relationship with Parts 5 and 6, which relate to the prosecution of offences and civil consequences of contravention.