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Seanad: Order of Business (26 Nov 2013)

Thomas Byrne: On a point of order, when this has happened on occasion we have objected to it, but it has always been the case that amendments were accepted until Second Stage was completed. It was always allowed by this House, not by some bureaucrat or the Bills Office. This House tells the Bills Office the rules. They do what we tell them. Let us tell them that amendments will be accepted until this...

Seanad: Order of Business (26 Nov 2013)

Thomas Byrne: Will the Cathaoirleach be disposed to do that?

Seanad: Order of Business (26 Nov 2013)

Thomas Byrne: Is the Cathaoirleach willing to do that?

Seanad: Order of Business (26 Nov 2013)

Thomas Byrne: I thank the Cathaoirleach. We will send them in.

Seanad: Order of Business (26 Nov 2013)

Thomas Byrne: The deadline for submitting amendments was this morning, although we have not even considered the Bill on Second Stage.

Seanad: Order of Business (26 Nov 2013)

Thomas Byrne: It is Government business that the Seanad should deal with the matter on today's Order Paper but we have a fundamental objection to the proposal to deal with Committee Stage of the Social Welfare and Pensions (No. 2) Bill on Thursday. That is very wrong. This is serious legislation that will have a lasting impact on tens of thousands of pensioners and there is a deliberate attempt by the...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I move amendment No. 14: In page 14, between lines 25 and 26, to insert the following: “(2) The Minister may by regulation issue guidelines to the Courts on the amount of compensation payable for an action in tort referred to in subsection (1).”.Has the Minister given any thought to the points I raised in this regard on Committee Stage?

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I will not press it but I point out such guidelines are in place for use by the Injuries Board, for example, which seeks to keep cases out of court. However, the courts are required to and do have regard to those guidelines. Therefore, this would not be new, but, as it is not the most important section, I will not press the issue, having listened to what the Minister had to say.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I move amendment No. 15: In page 16, line 28, after “Éireann” to insert “or Seanad Éireann”.I hope the Government will accept the amendment but, if it does not, I hope Senators on all sides of the House will do so. Essentially, what I am seeking to do in this amendment is to put Members of Seanad Éireann on the same footing as Members of Dáil...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I am very grateful to the Minister. It is possibly one of the first time amendments from the Opposition have been accepted directly, as they are normally clothed as Government amendments, like the last one the Minister put through. I am grateful. I believe the people have spoken in this regard. I know Senators will use their functions carefully and with due consideration.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I move amendment No. 16: In page 17, line 3, after “Éireann” to insert “or Seanad Éireann”.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I move amendment No. 17: In page 17, line 13, after “Éireann” to insert “or Seanad Éireann”.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I move amendment No. 18: In page 17, line 14, after “Éireann” to insert “or Seanad Éireann”.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I am grateful to the Minister for accepting the amendments and to my colleague, Senator Zappone, for formally seconding them.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I second the amendment.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: These amendments are very important. There is a class of wrongdoing that does not rise to the level of criminal that needs to be included but has not been included in this legislation. I give some examples in amendment No. 9 in regard to the Companies Acts or the Competition Acts in that a breach of the Competition Act can be criminal but is not always criminal. I want to give the...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: If I may briefly respond, I am certain that the type of wrongdoing I mentioned, which is a grey area, namely, where the tuck shop profits are being used to pay for a chief executive's salary, possibly in breach of pay guidelines, is not covered by this legislation. If someone were to squeal about that, it is not covered. The Minister's argument about specifying things is correct except that...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I will not press this one.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I second the amendment.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I move amendment No. 9: In page 9, between lines 28 and 29, to insert the following: “(i) that the Companies Acts have been or are likely to be breached, (j) that the Competition Acts or Articles 101-102 of the Treaty on the Functioning of the European Union have been or are likely to be breached.”.I would like the Minister to confirm that he has got advice that non-criminal...

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