Feargal Quinn (Independent) | Oireachtas source

I move amendment No. 32:

In page 25, line 23, to delete "take" and substitute "make".

It is my first time to speak on this Committee Stage. I am concerned by paragraphs (b) and (c) of section 27(1), under which inspectors can enter a place of work or any premises. I am particularly concerned by their powers to remove business documents. It is not fair that an inspector can remove a document from a business, particularly one that could be of vital importance to a small business, and perhaps impede that small business' ability to defend itself in a subsequent legal action. An inspector should only be allowed to make copies of relevant material, not remove it. For instance, if certain documents were seized from a small to medium-sized enterprise, SME, and it did not have copies, its day-to-day business could be impeded because it might not know whom to pay and when. If one loses certain documents, it can have a major impact on one's business, particularly if one is a small business owner. Paragraph (e) compels the business owner to furnish relevant materials. The inspectors already have a great deal of power through such a provision.

My amendment aims to give a little protection to businesses so as to ensure that vital documents of which they might not have copies are not seized. It allows inspectors to make copies of relevant documents, but not to remove them. Inspectors will already get a great deal of power through this legislation. There is a slight concern about the word "take". If an inspector may make a copy of relevant material, there will be no misunderstanding. However, if an inspector may take a copy, there could be a misunderstanding. "Taking a copy usually" means making a copy, but it could mean the other as well.I have concerns around those two particular issues.

Amendment No. 36 seeks to insert the following:

"(2) If an inspector removes or copies documents from a place of work or premises, then they shall be required to issue the owner or person in charge of that place of work or premises with a receipt of any records taken or copied by the inspector.".

The purpose of this amendment is to provide some protection to businesses by ensuring they have a record of what documents have been taken. SMEs in particular are vulnerable if certain documents are taken. If businesses have a record of what documents are taken this will help them in any future legal proceedings. The purpose of this amendment is to provide some safeguards for businesses, particularly SMEs. It makes sense and removes any doubt.