Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

Amendment No. 34 is a technical amendment required on foot of amendments on Committee Stage in the Dáil to take account of changes in terminology. In this regard, the Bill refers to a “complaint” under section 42, whereas the 2001 Act referred to an “application” or “appeal”. It also deletes the provision at section 42(5)(b)(iii) to the effect that the investigating committee shall refuse to consider a complaint where there is insufficient evidence to warrant an investigation. The purpose of this change is to guard against the danger that a complaint must be refused, even if of a serious nature, where there is little evidence available or where it is not straightforward to determine if the evidence is sufficient. It would not be desirable for a situation to develop where there is a danger that complaints are forced to be abandoned too early in the process and before an informed decision can be made on whether it merits an inquiry.