Brendan Howlin (Wexford, Labour)

I move amendment No. 9:

In page 12, line 5, after "offer" to insert the following:

", and regard shall be had to the civil servant's right to fair procedures and to any representation made or evidence adduced by the civil servant".

This issue was raised on Committee Stage. The section is flawed from a constitutional viewpoint. The section and the Bill allow for representations to be made but there is no requirement for anyone to have regard to such representations. The premise is that the mere allowing of representations satisfies the dictates of natural justice but that is not the case. To be constitutionally correct, there should be a requirement not only for representations to be made but any evidence adduced should require a response and be noticed. It is important that this amendment be accepted by the Minister of State and form part of the procedures of the Bill.

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