Results 3,981-4,000 of 6,295 for speaker:Michael D'Arcy

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Banking Sector: Quarterly Engagement with Central Bank of Ireland (4 Apr 2017)

Michael D'Arcy: Is the figure up or down on the figure for the previous year?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: I am concerned that if we are not granular it will be interpreted in a way that could be very negative. The Minister is establishing a commissioner in this regard. That gives these people authority and power that we will not have a second bite at. If it is not granular, there could be an error. The Minister is correct that the Bill has been available to be read for 15 months but I would...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: I do not believe anybody has an issue with that.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: Section 32(1)(a) relates to where a person retains for more than 14 days a gift the acceptance of which is prohibited by section 11(3). A person may not know the value of a gift and may, unknown to himself or herself, commit an offence by it being described at 14 days. It is a very short period.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: What about somebody who knows it is wrong after 14 days - if, for example, he or she had been informed after that. A genuine error can occur there. To prescribe it bluntly is well and good until a commissioner is appointed who is more blunt than others. People who hold office of any nature have a lot to do and 14 days is a very short spell.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: Where did the 14 days come from? This is a new section.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: I am hesitant about prescribing something. Anyone can make a mistake and we have seen that people have made mistakes and forgot about things.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: Absolutely and that is a different thing.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: Would the Minister have a look at that before Report Stage?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: I am just concerned that in 15 or 20 years' time, there could be a very zealous commissioner and someone could make an error and not declare a gift. It is an offence and it is quite serious.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: Yes.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: I know that Deputy Calleary may have had a little bit of Hollywood in mind in his wording, but I also have a concern in that regard. Should section 36(2)(a) not include the term "based upon the submission from a public officer holder"?

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: What if the information submitted is inadequate? That may the suspected contravention.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: I must oppose the Minister in this case. It may be a good thing that if something is triggered in the public arena and the commissioner can go back to the submissions received from public office holders. I am a little concerned that-----

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: Yes.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: No.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: Absolutely. I am concerned that the powers are a little too strong.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: If something appears in the public arena and the commissioner has the opportunity to go back to a submission, then the submission should be the triggering opportunity. There are the submissions and also the opportunity of complaint. It is not that I want to curtail the commissioner, but as Deputy Calleary has said, somebody could act because of a vendetta or a wish to harm. The powers are...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: Yes.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Michael D'Arcy: It is a big departure and I believe there is a huge lack of awareness that this legislation is coming.