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

Section 36 provides for the referring of a matter to the deputy commissioner for investigation. This provides that where there has been a complaint made alleging that a contravention of the Act has occurred, and the complaint has not been dismissed or otherwise dealt with, the commissioner will refer the matter to the deputy commissioner for investigation. Subsection (2) provides that the commissioner will also refer a matter to the deputy commissioner for investigation where the commissioner is of the opinion there may have been a contravention of this Act and no complaint has been made, or if, in the commissioner’s opinion, it is in the public interest to have the matter investigated in order for the Act to be complied with and to identify any contravention and the person who committed the act or default concerned. Subsection (3) provides that a reference in this section to a contravention of this Act does not include a reference to a contravention of section 10.

The key part of the section is subsection (2) where we are making a major change in the Bill. At present much of the law in this area is reactive, so an investigation can only be made if a complaint is actually made. This subsection means that if the commissioner believes that something has occurred that in his or her judgment is not compliant with the legislation, he or she can delegate to the deputy commissioner that this matter should be investigated.