Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I thank the Deputy for tabling the amendment. I do not intend to accept it, not because I disagree with much of what the Deputy has said but because I carefully considered this and the advice I have is that the specific provision is not required in the Bill to allow An Garda Síochána to prosecute the offences under the Act. Regulators such as HIQA, the chief inspector and the Mental Health Commission all have distinct roles and responsibilities, as the Deputy outlined, in terms of regulating health and social services and they already have functions set out in the Bill. It is important there is clarity in respect of the functions and respective roles of the regulators. It is particularly relevant in this context as no one regulator covers all of the health and social service providers that are subject to the Bill. Prosecution of these types of offences would represent a significant increase and change in their respective functions and, with that in mind, the advice I have and with which I agree is that the Garda is best placed and has the appropriate powers to carry out investigations and bring proceedings in the event of an event having been committed under the Act.