Charles Flanagan (Laois, Fine Gael) | Oireachtas source

-----is necessary because in any reference to a resolution that might be reached on amicable terms express consent would be necessary. One cannot have a resolution on an amicable basis without there being consent. Subsection (4) makes it clear that where the commission considers an amicable resolution cannot be reached, it will then proceed to handle the complaint under subsection (5) or section 108 in the case of a complaint that might be cross-Border in nature.

With regard to amendment No. 63, it will be a matter for the commission to determine the grounds for the dismissal of a complaint, but it will only be done on the basis of full knowledge that any such legally binding decision may be appealed to a court under section 145.

I know that the Senator is not pressing the amendments, but it is important that I give her the reasons I cannot accept them.