Seán Sherlock (Cork East, Labour) | Oireachtas source

Yes, but what is inherent in the legislation is that the commissioner has the powers and the power to appoint a deputy commissioner. Whether or not the investigation officer proceeds by virtue of an appointment internally by the deputy commissioner or the commissioner, the commissioner can still do what is outlined anyway. What is pertinent here is that the legislation provides for entering and searching a premises.

For the purposes of the current legislation, we have gone from a position where I, as a public official, will interact with a professional person to ensure that my house is in order and I am compliant with the legislation to one where, if there are sufficient grounds, subject to all the criteria proposed and if all else fails, this power is conferred on them. I am not against those powers being given. I am just trying to get a sense of where the Minister is coming from on that.

Deputy Calleary asked if these are new sweeping powers and the motivation for them. Is it to say that we are taking a belt and braces approach to this standards in public office legislation and to have powers that are so sweeping, someone will have no other choice but to be absolutely compliant because failure to be compliant means they will literally have people knocking on their door, which is not necessarily the case at the moment? I am trying to get an understanding of the motivation.