Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I move amendment No. 23:

In page 41, lines 34 and 35, to delete “considers it is necessary to do so for the purposes of the performance of any of its functions” and substitute the following: “has reasonable suspicion that an AHB may not be fulfilling its responsibilities as set out in this Act and in particular the standards set out in section 38”.

While it is grouped with amendments Nos. 24 and 25, this amendment is different in nature. We had a discussion at an earlier stage as to where the bar is set when the regulator is to instigate an investigation. I am very firmly in favour of the regulator having this power - it is a key part of the Bill - so I do not want my amendment to be in any way construed as trying to weaken that power, but there must also be due process. I am not satisfied that the wording "where the Regulator considers it is necessary" sets that bar at an appropriate level. My amendment, which is pretty self-explanatory, proposes the wording "has reasonable suspicion that an AHB may not be fulfilling its responsibilities as set out in this Act and in particular the standards set out in section 38". This means that the regulator cannot just get up one day and decide that he or she thinks this is necessary. He or she must have some basis on which to act or some suspicion from either his or her own information or information presented to the regulator by a third party. If my wording is not appropriate but the Minister thinks there might be a discussion to be had before Report Stage on my wording and his, I will be happy to withdraw the amendment. Otherwise, I will press it.