Damien English (Meath West, Fine Gael) | Oireachtas source

Amendment No. 35 is a technical amendment required on foot of amendments on Dáil Committee Stage to take account of changes in terminology. In this regard, the Bill refers to a "complaint" under section 42 whereas the 2001 Act referred to an "application" or "appeal". It also deletes the provision at section 42(5)(b)(iii) of the Act that the investigating committee shall refuse to consider a complaint where there is insufficient evidence to warrant an investigation.

The purpose of this change is to guard against the danger that a complaint must be refused, even if of a serious nature, where there is little evidence available or where it is not straightforward to determine if it is sufficient. It would not be desirable for a situation to develop where there was a danger that a complaint might have to be abandoned before an informed decision could be made on whether it merited an inquiry.

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