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

I move amendment No. 42:

In page 51, lines 34 and 35, to delete “not make any recommendation, or express any opinion, in the report” and substitute “make a recommendation”.

I am a little perplexed by section 48(3) but, again, I am open to be persuaded that it should be this way.

The relevant section states "the inspector shall not make any recommendation, or express any opinion, in the report as to the sanction that he or she thinks ought to be imposed on the registered person in respect of such improper conduct", etc. I am more used to inspectors or adjudicators in the Residential Tenancies Board or An Bord Pleanála. I know they are not the same but the point I am going to make will be clear to the Minister of State when I make it. The inspectors are the people who sift through all the information, talk to the relevant parties and consider all of the matters at hand. If they are not empowered to make a recommendation in terms of the sanction, who is? I cannot think of a better person to make a recommendation, for example, to the Residential Tenancies Board on foot of a hearing than the adjudicator because he or she has all the information. I do not understand why this provision is there. I invite the Minister of State to explain why and convince me that we should depart from this.

I make the same point with regard to An Bord Pleanála. The inspector is the person who goes out and assesses the planning application and goes through all the files. Because of that knowledge, the inspector then makes a recommendation as to whether the board should proceed or not. It is up to the board, as we know from An Bord Pleanála, not to accept the recommendation of the inspector. It is unusual in the case of the Residential Tenancies Board for the recommendation of an adjudicator not to be accepted but I cannot see how the board could make a better decision without a recommendation from the person who knows the finer grain of the complaint and the information pertaining to it.