Seanad debates

Thursday, 19 February 2015

Workplace Relations Bill 2014: Committee Stage

 

10:30 am

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

We are seeking to respect constitutional requirements. The inspector may question anyone and demand answers but if a caution has not been issued to the person, this cannot be used as evidence against that person, although it could be used against another person. If a caution is issued, the evidence provided could be used against the individual being questioned. That is what we are seeking to achieve. It is a reasonable approach. One cannot require questions to be answered but if compelling force is used with pain of offence for not answering, one cannot use any resulting evidence because of the right not to incriminate oneself. It could be used against another person. If a caution is issued, the evidence may be used. There has been considerable thought given and legal advice obtained as to how this could be done. This is a robust way to proceed.

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