Alice-Mary Higgins (Independent) | Oireachtas source

I move amendment No. 13:

In page 20, between lines 2 and 3, to insert the following: “(3) Where a person requests that a direction under subsection (1) be given in writing, an investigator must provide that direction by such means.”.

Section 25 outlines the powers an investigator has but I am a little concerned about the lack of clear checks and balances in terms of the potential overreach of those powers and accountability for how they are used. Section 25 allows an investigator to give a direction orally or in writing that must be complied with to avoid serious penalties. That is fine if there is clarity on the direction, everyone is agreed on the direction and the actions are taken. However, if there is ambiguity, if there is going to be an issue where somebody is being charged with failing to follow a direction, for example, or if there is a lack of clarity in regard to the direction, it is reasonable that the person who has been given a direction would request that he or she be given the direction in writing.An oral direction is fine if someone is required to move to a certain location or empty something out, but where there is ambiguity regarding a direction and somebody is concerned their rights may have been infringed and that they might be charged with or accused of not complying with it, it is very reasonable to ask for it to be in writing. That does not have to mean a delay in that there is the capacity to issue a direction in writing there and then. It could be done on a notepad. It is important that somebody has a record that he or she has been given a certain direction if this is requested. It is important that if a person has concerns about the implications of a direction, such as its safety implications, he or she has a record of having been given that direction.

Again, it is a simple amendment. It states that where a person requests that a direction under subsection (1) be given in writing, the investigator must provide that direction by such means. Just to clarify, the legislation as it stands is drafted to allow an investigator to issue directions orally. This could lead to a lack of clarity, even where there may be a language barrier. Since there is a class A fine for those who fail to comply with a direction, it is a minimal thing for those who face such a consequence to be told clearly, in a manner they can understand and can then point to, what they have been asked to comply with. It is a small change but it would lead to better accountability, clarity and efficacy regarding the processes set out in the Bill.