Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 13:

In page 14, line 33, before "the" to insert "subject to section 20(2),".

I would like to give a rationale in respect of amendments Nos. 13, 15, 16 and 17 as they address some of the issues raised on Committee Stage by Deputy Rabbitte.

The objective of the Government amendments and Deputy Rabbitte's alternative amendments are in effect the same, namely, to exclude invalid, frivolous and vexatious complaints from the calculation of the levy under section 19. The issue is how this objective can best be achieved. Section 20 provides that the detailed provisions for counting and calculating the levy be made by the Minister in regulations to provide for the exclusion of complaints in that section rather than in section 19. Amendment No. 17 provides for the exclusion of complaints falling within the scope of subsection 22(4). The net effect is that frivolous, vexatious and other invalid complaints which the Ombudsman declines to investigate or discontinues investigating cannot be counted for the purpose of calculating the levy.

Amendments Nos. 13, 15 and 16 are technical cross-referencing amendments consequent on amendment No. 17.

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