Pearse Doherty (Donegal, Sinn Fein) | Oireachtas source

I move amendment No. 14:

In page 4, between lines 23 and 24, to insert the following:“(2) Amendment of section 57CI of PART VIIB of the Principal Act (as inserted by section 16 of the Act of 2004), in subsection 2 of section 57CI of PART VIIB of the Principal Act (as inserted by section 16 of the Act of 2004) is amended to be read as follows:

“(2) A complaint may be found to be upheld, substantially upheld or substantially rejected only on one or more of the following grounds:

(a) the conduct complained of was contrary to law;

(b) the conduct complained of was unreasonable, unjust, oppressive or improperly discriminatory in its application to the complainant;

(c) although the conduct complained of was in accordance with a law or an established practice or regulatory standard, the law, practice or standard is, or may be, unreasonable, unjust, oppressive or improperly discriminatory in its application to the complainant;

(d) the conduct complained of was based wholly or partly on an improper motive, an irrelevant ground or an irrelevant consideration;

(e) the conduct complained of was based wholly or partly on a mistake of law or fact;

(f) an explanation for the conduct complained of was not given when it should have been given;

(g) the conduct complained of was otherwise improper.”.”.

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