Charlie McConalogue (Donegal, Fianna Fail)
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I understand the Deputy’s point, but it is not the appropriate measure. We should facilitate and rely on the judgment of the regulator instead of specifying in a concrete way in legislation for situations that we cannot predict. Section 80(2)(b) provides that the Minister may, by regulation, make such provision for "the procedures for the making of complaints under this Act, including the format, timing, evidence, standing and other requirements for efficient and fair processing of complaints". I am satisfied that this is appropriate and allows the Minister to respond and learn as situations evolve.

There are two ways of looking at the matter. If we leave the matter to the regulator’s judgment, the regulator can decide what is appropriate for the circumstances. However, were we to accept a concrete date, as proposed in the amendment, it would mean that an investigation of something that happened more than five years previously would be prohibited. It is more appropriate to leave it to the regulator to decide. The Bill also allows for the Minister to adjust regulations, as appropriate.