Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

Deputy Tóibín has proposed an amendment relating to the protection of anonymity and confidentiality from complainants and their possible subsequent treatment as a result of the complaint. As I outlined on Committee Stage, the commission will have authority under section 63C(2) to initiate an investigation of a relevant grocery goods undertaking on foot of receiving a complaint.

Alternatively, it can act on its own initiative. This alternative is aimed at allowing the commission investigate independently of complaints being made. Equally, the provision to issue contravention notices, and making breaches of such orders an offence, is intended to allow the commission enforce the regulations made without having to base its actions on complaints.

In relation to anonymity for complainants, I am sure the commission will seek to protect the identity of persons who supply it with information in the first instance in the course of commencing its investigation. Indeed, section 25 provides for a prohibition on unauthorised disclosure of confidential information. However, it must be pointed out that in enforcing any regulations the basic tenets of fair procedure and natural and constitutional justice must be upheld. In that context, the right of an accused to details of his or her accuser is a core tenet of the constitutional and legal system. Thus, while understanding the rationale behind Deputy Tóibín's proposed amendment, I am not in a position to accept it.

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