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

Yes, briefly. This is an opportunity for the Minister of State to clarify the provisions of section 63, in which case I may be happy to withdraw our opposition to the section. Section 63 deals with the relationship between investigation and criminal proceedings. Subsection (1) states:

If a sanction is imposed on a person under section 49(2) or sections 50, 52 or 53,as the case may be, and the improper conduct in respect of which the sanction is imposed is an offence under this Act, the person is not liable to criminal proceedings for the offence in respect of the matter concerned.

Will the Minister of State fully explain what the implications of that final clause are? When a complaint is made against a registered contractor, an investigation takes place, a sanction is issued and that sanction is then be confirmed in the courts. Is it the case, however, that neither the board nor a third party could instigate any criminal proceedings with respect to the same matter on foot of that court decision? If that is the case, particularly with respect to third parties, not with respect to the board which has done its work and a sanction has been imposed, that a third party, for example, the homebuyer who has bought a defective home, would not be able to instigate any legal proceedings or seek any criminal proceedings for damages? I may have misunderstood this. How widely is double jeopardy being applied and for what reason?