Paschal Donohoe (Dublin Central, Fine Gael) | Oireachtas source

I move amendment No. 61:

In page 71, between lines 16 and 17, to insert the following:

“Continuing functions under section 52 of Act of 2010 91. (1) In subsection (4) of section 52 of the Act of 2010 as amended by section 35—

(a) paragraph (a) does not apply where the person concerned formed the opinion referred to in that paragraph before the commencement of section 35,

(b) paragraph (b) does not apply where the person concerned performed the function under section 26 of the Act of 2010 referred to in that paragraph before the commencement of section 35, and

(c) paragraph (c) does not apply where the person concerned was involved in the investigation referred to in that paragraph before the commencement ofsection 35.”.

Amendment No. 61 inserts a new section, section 91, entitled “Continuing Functions under section 52 of the Act of 2010”, into Part 7 to provide that fitness and probity investigations already begun under the current legislation are not affected by the commencement of the new requirements that provide for separation of functions on foot of the Zalewski case. The amendment is included to protect the integrity of ongoing investigations so that they can continue and that decisions made by persons concerned prior to the commencement of the new legislation will stand. The requirements for the separation of functions under the 2010 Act are inserted by section 35 of this Bill to amend section 52 of that Act. They are not and cannot be retrospective requirements.