Seán Power (Kildare South, Fianna Fail)

Proceedings for offences are set out under section 80 of the Bill and the majority of offences under the Bill relate to the designated centres and are prosecuted by the chief inspector. However, the Health Information and Quality Authority, HIQA, may prosecute in cases where a person appointed to carry out an investigation under section 9 or to monitor compliance with standards set in accordance with section 8 has been refused entry to a premises. Section 80(2) provides that summary proceedings for an offence under the Bill may be instituted within 12 months after the date of the offence.

Amendment No. 9 retains this principle but also allows for the prosecution of offences up to six months after the date on which evidence first comes to the knowledge of HIQA or the chief inspector that is sufficient in the opinion of the authority or chief inspector to justify the bringing of the proceedings. This allows the chief inspector or HIQA, as the case may be, to prosecute where evidence of the offence only came to light some time after the offence was committed. However, in line with similar provisions in other legislation, proceedings in these circumstances must be commenced not later than two years after the date of the offence. Amendment No. 9 also provides for the admissibility of certificates certifying the date on which evidence first came to the knowledge of the chief inspector or HIQA.

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