Results 1-20 of 29 for "brendan howlin" FILTER (preg_replace("#(\d{4})(\d\d)(\d\d)#", "\$m[3]/\$m[2]/\$m[1]", $m[1]) . ".." . preg_replace("#(\d{4})(\d\d)(\d\d)#", "\$m[3]/\$m[2]/\$m[1]", $m[2]) in 'Seanad debates' segment:4568942)

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: I am telling the House what the legal situation will be.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: Any Minister and any Member can ask at the committee. Every Member of the House, whether Minister or otherwise-----

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: He might well be very persuasive on that basis.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: I thank all Members for their contributions. It has been said that the legislation is rushed, but people have been thinking about this for a long time. We have had a commitment to do this since we negotiated the programme for Government. We said we would do it on the basis of the report of the all-party Joint Committee on the Constitution, which has been in the public domain since January....

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: I see.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: I am afraid the Senator did.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: I think it was an assertion. I hope I do understand the complexity of the issue, as I have been engaged with it for a while. There are various solutions that the Senator came up with. There are some people who, honestly and legitimately, do not believe that inquiries are at all the proper function of Parliament. That is fine. If that is their view, it is a principled position. However,...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: Let me quote from the report of the all-party committee. Senator Bacik already did so, fairly. This is the nub of the issue that we tried to grapple with. She said, "A robust amendment would include some constitutional ordinance allowing for reHaughey rights to be balanced against the public interest in the facilitation of effective parliamentary investigations". Nobody wants to oust the...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: "Chilling effect" was the phrase used by the Senator.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: Virtually all the focus on the debate has been as if somehow the inquiry system would be some sort of investigation into individuals. I believe it would rarely if ever involve an investigation into individuals. It would investigate all the matters that cause controversy in the health services or whatever. People would be involved and that is why we must have the potential for findings that...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: Yes. It could make findings that might inform future policy or law.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: Yes. If someone is derelict in their duty and that is found by the investigation and the evidence adduced is clear, should that not be shown? Is the problem in this country not that all the failures are said to be systemic and no one is responsible for anything? I was going to entice myself to talk about financial services but I will resist. It is clear that in certain activities in the...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: The word "findings" is an all-embracing phrase. The word captures whatever findings are made. One need not specify "adverse", "positive" or anything else. "Findings" can be whatever they are.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: It is, but I will not suggest what the Supreme Court had in mind. However, the intention is to be able to make findings which could be good or bad. I do not believe I have left out anything else. I thank Senator Mullen for his contribution and his amendment. I genuinely believe the amendment I have fits the policy as intended from the year long deliberation involving some of the best legal...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: I confess it was the Dáil.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: I am obviously not going to have a meeting of minds with Senator Mullen and I daresay it will not be the first or last issue on which we will have a different view. I hope we will leave respecting each other's differences. The issues are well rehearsed. The correct balance is in the proposed wording. I reject the amendment because it upsets the fair balance and would bring us back to a...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: There have been instances where significant allegations were made and left hanging for years on end before they could be rebutted. That is not good. People should have the right of rebuttal and the amendment will create a much more speedy system of doing that. Adversarial as these Houses sometimes are, Members of these Houses will demand in a much more overt way that due process be...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: I am glad he was not around in 1937. If he had been, we certainly would not have the safeguards that are afforded to the Houses of the Oireachtas now in terms of guaranteeing our papers or the right to have privilege. If I were proposing that we should have absolute privilege for any utterance made in the House I think the Senator would be doing a war dance. One may already impugn somebody...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: I invite the Senator to read the Bill when it is published. Only the draft heads are available now. If he thinks it is not robust enough I will look at anything he suggests.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: Céim an Choiste agus na Céimeanna a bheidh Fágtha / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Committee and Remaining Stages (22 Sep 2011)

Brendan Howlin: They are not. I never said that.