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Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: The relevant award. During the closed season, it is easy to get special sittings of other courts. Is there always a facility for the Circuit Court to return?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: Attending the Circuit Court imposes quite a cost.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: One must normally have a senior counsel.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: Only a few solicitors do this business.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: That is what I meant - senior counsels.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: I know of a number of cases - I will deal with them under the next Schedule as well - in which people have not been given documentation when leaving a job and where there are some bad feelings. Often, they have trouble getting that documentation even within 21 days. We all know of people who were let go, fell out with their old employers and still had not received their P45s a year later,...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: The Minister might not be able to deal with my question, as it may pertain to another Minister. This Schedule deals with the rights commissioners, but there is a tremendous backlog of cases in that regard. I know of cases in Laois and Kildare that have been waiting for two years.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: I know, but I am making the point about the two years, given this large section on redress.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: This is not the Minister's area, but it is covered by his legislation.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: Will I speak to the Minister in that context?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: We are dealing with the rights commissioners.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: I have no issue with that if commensurate resources are provided to allow them to do their job. Matters of redress for contraventions under section 12 must go to the rights commissioners. What does this mean? There are pages on end. I know of cases that went to the Labour Court for supplementary provisions and the Circuit Court enforced the decisions, but when the sheriff arrived, the...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: Is that the disclosure recipient appointed by the Taoiseach, as covered in Schedule 3?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: I have no problem with that. They can make a disclosure-----

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: Does the person have protection?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: I am happy to hear that. Therefore, if somebody in the Financial Regulator's office decides to make a protected disclosure which might affect our international relations with, say, Germany, they must make that disclosure to the person nominated by the Taoiseach to receive these disclosures.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: If the word gets out - although I am not saying the person would do that - but if it emerges in due course-----

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: Yes. This means action cannot be taken against that person in their employment as long as they went through this special channel, as we may call it.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: I will withdraw the amendment.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: Will the Minister withdraw the amendment and come back with the right one?

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