Oireachtas Joint and Select Committees

Tuesday, 16 February 2021

Joint Oireachtas Committee on Health

A Regulatory Framework for Adult Safeguarding: Law Reform Commission

Mr. Raymond Byrne:

We are getting to the heart of what a regulatory framework must look like. In previous work done by the commission in the financial services area, we recognised that effective regulators needed an effective set of regulatory tools. That is to put it bluntly, but the powers of entry and inspection and the power to impose sanctions are the kinds of core power that any regulatory body must have in order to be effective. That is something that we highlighted in the consultative issues paper. We are conscious that the consultees who have responded to us have raised the kinds of issue mentioned by the Deputy. In the issues paper, we posed a question about what kinds of core regulatory power ought to be in place in a single regulator or if existing bodies that did not currently have effective regulatory powers should be given them. In addressing the point about practical solutions that Ms Justice Laffoy mentioned, we are conscious that those powers must be effective. The core powers that are now being given to many regulators, be it the financial regulators or the Government's more recent proposals in respect of an online safety commissioner, are the kinds of important core power that all regulators need. That will be a key part of the commission's final recommendations.

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