Darragh O'Brien (Dublin Fingal East, Fianna Fail)

I will address both amendments together. Amendment No. 21 relates to introducing the provisions the Deputy has outlined to repay to applicants all fees paid to the agency where the agency fails to make the proposed determination in the time period as may be prescribed. The use of fines applicable to the agency for failure to make a determination within the requisite period of time as may be prescribed was given full consideration during the drafting of the Bill. The aim is to avoid a situation where the agency would be obliged to simply issue a decision to refuse an application based on insufficient information provided by the applicant. For that reason, I am considering a "stop the clock" mechanism where there is insufficient information provided, thus avoiding a situation where the agency would be pressurised by threat of a fine to refuse the application in order to meet the prescribed timeframe. What we will do is that if there is insufficient information we would look at effectively stopping the clock. This will be considered during the further deliberation of regulations in consultation with the agency. The point the Deputy has raised is a valid one. We just have to figure out how that would be dealt with through regulation. I am satisfied with the provisions of the Bill as they are, but it is a matter that would have to be looked at in more detail.

The Deputy also spoke to amendment No. 35, which is basically the same.