Charlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

On amendment No. 33, which provides that in the annual report the regulator may include "recommendations made to the Minister regarding its own functions, or proposed or requested powers or functions", I think this is fair. It is something it would have the capacity to do. I have no problem with specifying that. It is in the spirit and expectation of the Bill and I am happy to accept this amendment.

Turning to amendments Nos. 34 and 35, the legislation as it is now allows that in relation to the publication of reports, where there is a decision to publish, it is now provided that the regulator shall publish this as part of "an annual report or a complaints and investigations report, or separately." The Deputy is proposing to delete the words "or separately" and instead insert "shall be published as soon as is reasonable". The legal insight and advice I have is that this is unspecific. Regarding the definition of "reasonable", this is a very fluid term and imprecise for legislation. The way the legislation is set out now facilitates publication either in the annual report or as part of a complaints and investigations report or separate to that. The regulator has the capacity to undertake all these types of publication now separately, whereas inserting "as soon as reasonable" is very difficult text to define and be clear about what it means. I am happy to return to this matter on Report Stage and for the two of us to reflect on it. I understand the point the Deputy is making. I do not agree that the proposed amendment will actually make things any clearer, but I am happy to consider it further and return to on Report Stage, if the Deputy wishes.