Results 48,621-48,640 of 49,836 for speaker:Stephen Donnelly

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: Okay, so the first step is that one has been called and one then writes to the committee's Chairman to express one's belief that the committee potentially will impugn one's good name and to ask the committee to award one costs in advance to enable one to get counsel. Is this correct?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: Sorry, what decision will the committee make? Is it that yes, it may impugn one's good name?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: On the basis that the committee may impugn one's good name.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: Right. However, these are the only grounds under which people can be awarded legal costs.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: Okay, so witness X writes to the Chairman and the case is discussed by the committee, which decides witness X may be entitled to legal costs. This decision then is sent to the commission. Is that correct?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: Therefore, the commission is not applying any judgment. Is that correct? It's simply is saying, "Here you go". My understanding is that first, the committee decides, before one appears before it, that one is entitled to legal representation.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: Okay, so before or during proceedings, at some point I presume one can tell the Chairman that one seeks legal representation. The committee will then say "Yes" or "No". If the committee says "Yes", is it implicit that one's costs therefore will be covered?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: Okay. Thereafter, at the end of the whole thing, one will be faced with a big legal bill because one has had legal representation. One goes to the commission, which does not apply any judgment but simply assigns a legal costs adjudicator to one.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: Okay. That sounds fine.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: Who decides that?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: Okay, that sounds fine. While I will withdraw the amendment, this point applies to section 45 and I will speak to the section when it comes up.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: This point arose in respect of amendment No. 25 to section 44, which I tabled but it applies to section 45. I thank the Minister for the clarification regarding section 44. My concern is that the Oireachtas commission is not representative of the House. There is no representation for Sinn Féin or the Technical Group. The Houses of the Oireachtas Commission has 11 members of whom one...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: Yes, I have a concern in that regard.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: I move amendment No. 25: In page 41, subsection (1), line 29, to delete "Oireachtas Commission" and substitute "Independent Judicial Panel".The issue here is around costs and who decides whether a witness will have costs. As we all know, the legal costs for these kinds of matters can be astronomical and can be used as a weapon in unscrupulous hands. Even the threat of somebody having to get...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: I ask the Minister to walk us through how it works. I am interested in finding out who makes the call. Is it the chairman of the committee of inquiry? For example, who suggests that a certain member may need to step away, based on the provisions in section 18? I agree with section 18, by the way; I am just curious as to how it will work in reality.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: It is essentially the chair who will make the call.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: There would be a vote in the House.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: On the same issue, let us say the committee has been set up and the Standing Orders of the House are that each party nominates a certain number of people. How does it work? For example, what is the procedure if one of the parties - it does not matter from which side - proposes a person who should not be on the committee because of bias? Who makes the call to say that this person is not...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: What is the mechanism for raising this in the House? For example, will the House be presented with a proposed list of committee members to debate or agree?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Stephen Donnelly: Or the House. I would be willing to concede on the committee. The point I am most interested in is a vote of the House.