Tom Parlon (Laois-Offaly, Progressive Democrats)

Section 52 allows the commission to revoke a recruitment licence where the licence holder fails to comply with the terms and conditions of the licence. It states that the commission may revoke a licence where it forms the opinion that:

(a) a licence holder has failed or is failing to meet the terms and conditions of the recruitment licence concerned granted by them,

(b) since the grant of the recruitment licence, the circumstances relevant to the grant have changed and are such that, if an application for a recruitment licence were made in the changed circumstances, it would be refused.

Compliance with codes of conduct issued by the commission is a condition of the licence. Section 43 states that the commission will grant a recruitment licence to an applicant only if it is satisfied that the applicant can and will observe the appropriate standards and codes of practice. Furthermore, it states that a licence holder is responsible to the commission for ensuring that the terms and conditions of the licence and relevant codes of practice are fully complied with. In addition, section 15 enables the commission to investigate the exercise of functions under the Act by a licence holder or listed recruitment agency. It does not imply there has been any wrongdoing on anyone's part.

The proposed amendment would substantially increase the powers of the commission to conduct inquiries for "failure to comply with the principles and policies of this Act". This wording is less precise than the term "exercise of functions". Furthermore, the amendment would result in the provision being addressed to any person, not necessarily in the context of a person exercising a function under the Act. Not only is there a vagueness in language in the concepts of "principles and policies", but a failure to comply with a request under section 15 in this context would render a person guilty of an offence. Accordingly, I cannot accept the amendment.