Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

The purpose of these amendments is to clarify and remove confusion surrounding the effect of subsection (7) of this section and the capacity to use incriminating evidence given voluntarily after caution. Currently, the statutory functions and powers of labour inspectors are scattered over a large number of Acts dating back to 1946. Section 27 restates and consolidates all of those functions and powers in one location having regard to current best practice and development in case law.

These amendments place on a statutory basis the practise of the labour inspectors of issuing a formal caution to a person in appropriate circumstances before questioning that person in relation to compliance issues. The use of a formal caution before questioning is consistent with a person's constitutional right not to incriminate themselves and serves as a reminder that the information that they give on being questioned may be used in any subsequent legal proceedings arising from the inspection in question.