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

These amendments are being introduced to clarify confusion surrounding the effect of subsection (7) of this section and the capacity to use incriminating statements given voluntarily after caution. Currently, the statutory functions and powers of Labour Court inspectors are scattered over a large number of Acts dating back to 1946. Section 78 restates and consolidates all those functions and powers in one location having regard to current best practice and developments in case law. These amendments place on a statutory basis the practice of the Labour Court inspectors issuing a formal caution to a person in appropriate circumstances before questioning that person in relation to compliance issues. The use of a formal caution before questioning is consistent with the person's constitutional right not to incriminate themselves and serves as a reminder that the information that they give on being questioned may be used in any subsequent legal proceedings arising from the inspection in question.

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