Eoghan Murphy (Dublin Bay South, Fine Gael) | Oireachtas source

I am of the opposite view on the wording. I think "considering it necessary" is actually a higher bar or threshold and that "has reasonable suspicion" does allow for the regulator to wake up one morning and decide that something seems off. What we want is, after a rigorous process, for the regulator to come to the conclusion that he or she cannot do his or her job as regulator without now appointing an investigator. We believe, therefore, that "considering it necessary" is a higher threshold because that is a more serious position, that for it to be necessary for the regulator to be able to continue as a regulator, he or she must take this course of action. I believe that is stronger than just a suspicion because it means the regulator has come to the conclusion that he or she can no longer regulate this entity effectively without putting in place an investigator and an investigation. It is a higher bar to have to jump. I think our wording meets the concerns of some who felt that the threshold might be too low, a concern Deputy Ó Broin has also expressed. We think our wording is a higher threshold for the regulator to pass before going down the very serious process of an investigation.