Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

I move amendment No. 34:

In page 13, to delete lines 28 to 37 and substitute the following:

"(6) In the circumstances referred to in subsection (4), the referee shall

(a) report the matter and any recommendation under subsection 5(b) to—

(i) an Garda Síochána Ombudsman Commission, in the case of a contravention by an Garda Síochána,

(ii) the Ombudsman for Defence Forces, in the case of a contravention by the Defence Forces,

(iii) the Office of the Ombudsman, in the case of a contravention by the Revenue Commissioners, and

(b) report the matter and any recommendation under subsection 5(b) to the judge designated under section 12.".

This is to ensure that the referee shall, rather than "may", in the case of circumstances referred to in subsection (4), where the referee finds a material contravention, report on this, and shall do so to the relevant bodies. The Bill mentions the Garda Síochána Ombudsman Commission in the case of a contravention by a garda. We have an Ombudsman for the Defence Forces. In this case, if there were to be a contravention by members of the Defence Forces, it should be referred to that person. In the case of a contravention by the Revenue Commissioners, it should be referred to the Office of the Ombudsman. It is the intention that the relevant ombudsmen should be contacted when there is a contravention by a member of the Garda, the Defence Forces or the Revenue Commissioners. The amendment is also to ensure that the referee must - as in "shall" - make the report to those bodies. That is all.

Amendment No. 36 allows for the decision to be appealed to the District Court and gives the public an appeal mechanism which is available at the referee's decision, at a lower rather than a higher level in the courts. As far as I recall, that is the level of the designated judge. This keeps the process accessible to the public.

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