Stephen Donnelly (Wicklow, Fianna Fail) | Oireachtas source

I move amendment No. 47:

In page 57, to delete lines 21 to 39, and in page 58, to delete lines 1 to 15 and substitute the following:

“(i) in subsection (1)(a), by the substitution of “section 8(1)(c),” for “section 8(1) (c), or”,

(ii) by the insertion, in subsection (1), of the following paragraphs after paragraph (b):

“(c) monitoring compliance with Part 3of the Act of 2023in accordance with section 8(1)(o), or

(d) monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act,”,

(iii) in subsection (2)(a), by the substitution of “section 8(1)(c),” for “section 8(1) (c), or”, and (iv) by the insertion, in subsection (2), of the following paragraphs after paragraph (b):

“(c) monitoring compliance with Part 3of the Act of 2023in accordance with section 8(1)(o), or

(d) monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act.”,

(e) in section 73—

(i) by the substitution of the following subsection for subsection (1):

“(1) If an authorised person considers it necessary or expedient for the purposes of—

(a) monitoring compliance with standards in accordance with section 8(1)(c),

(b) an investigation referred in in section 8(1)(d),

(c) monitoring compliance with Part 3of the Act of 2023in accordance with section 8(1)(o), or

(d) monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act,

the authorised person may enter and inspect at any time—

(i) any premises owned or controlled by the Executive, the Agency or a service provider,

(ii) any premises used or proposed to be used, for any purpose connected with the provision of services described in section 8(1) (b), or

(iii) any relevant facility.”,

(ii) by the insertion of the following after subsection (3):

“(3A) If an authorised person considers it necessary or expedient for the purposes of monitoring compliance—

(a) with Part 3 of the Act of 2023 in accordance with section 8(1)(o), or

(b) with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act in accordance with section 8(1)(p),

the authorised person, at any time, may carry out the functions conferred on the authorised person under this section and sections 75 and 76 to the extent that the functions relate to any premises referred to in subsection (1).”,

(iii) in subsection (4)—

(I) by the substitution of the following paragraph for paragraph (a):

“(a) inspect, take copies of or extracts from and remove from the premises any documents or records (including personal records) relating to the discharge of its functions by the Executive or the Agency or the discharge of the functions of the coroner in so far only as it relates to monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act, or to the services provided by a service provider or at a designated centre,”,

and

(II) in paragraph (c)(i), by the substitution of “section 8(1)(d), or monitoring compliance with Part 3of the Act of 2023in accordance with section 8(1)(o), or monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act” for “section 8(1)(d)”,

(iv) in subsection (5)(b)—

(I) in subparagraph (i), by the substitution of “section 8(1)(d), or monitoring compliance with Part 3of the Act of 2023in accordance with section 8(1)(o) or monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act,” for “section 8(1)(d)”, and

(II) in subparagraph (ii), by the substitution of “investigation or to the monitoring of compliance with regulations or,” for “investigation or,”,

and

(v) in subsection (7)—

(I) in paragraph (a), by the substitution of “section 8(1)(c),” for “section 8(1)(c), or”, and

(II) the insertion of the following paragraphs after paragraph (b):

“(c) monitoring compliance with Part 3of the Act of 2023in accordance with section 8(1)(o), or

(d) monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act,”,

(f) in section 75—

(i) in subsection (1)(a), by the substitution of “section 8(1)(d) or monitoring compliance with Part 3of the Act of 2023in accordance with section 8(1)(o) or monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act” for “section 8(1)(d)”, and

(ii) in subsection (2)(a)(i), by the substitution of “section 8(1)(d) or monitoring compliance with Part 3 of the Act of 2023 in accordance with section 8(1)(o) or monitoring compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act” for “section 8(1)(d)”,

and

(g) in section 77A(2), to substitute the following paragraph for paragraph (a):

“(a) the monitoring of compliance with standards under section 8(1)(c), compliance with Part 3 of the Act of 2023under section 8(1)(o) and compliance, under section 8(1)(p), with the relevant sections of the Act of 1962 and any regulations made by the Minister for Justice under section 33I of that Act,”.”.

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