Results 4,821-4,840 of 34,956 for speaker:Seán Fleming

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)

Seán Fleming: We are dealing with section 68. It concerns the points we have been talking about, namely, confidentiality and waiving legal advice. I have a difficulty with subsection (1)(d), which states that a person shall not attend if the evidence or document could, if given to the committee, reasonably be expected to adversely affect the security of the State to be prejudicial to the State in its...

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)

Seán Fleming: I still oppose it.

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)

Seán Fleming: Is it possible to complete our consideration of the Bill tonight?

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)

Seán Fleming: We have completed most of the amendments. It would be preferable to finish rather than come back tomorrow morning.

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)

Seán Fleming: There is 30 minutes of work remaining. We can take the break and then complete our consideration.

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)

Seán Fleming: I oppose section 69 on the same basis as my opposition to section 68. I am concerned about the provision allowing a person to refuse to give evidence or supply information if he or she believes it impacts on section 68(1)(d) or (e). If the person refuses, the committee shall, if necessary, adjourn proceedings. The person can get a letter from a Minister to back up his or her point and the...

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)

Seán Fleming: I am very careful because I said it to her directly. Fortunately, the Secretary General of the Department, who was present, took a slightly more balanced view of the matter and we got some information. I have seen this type of provision being abused by officials of the State, thereby preventing the Committee of Public Accounts from doing its legitimate work. If this section replicates the...

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)

Seán Fleming: This section replicates section 68. Maybe it is to do with an inquiry under a different section. Could the Minister clarify that for me? I oppose the section for the exact same reason I opposed section 68, which was about upsetting our foreign neighbours. Sections 83 and 84 seem very similar to sections 68 and 69.

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)

Seán Fleming: What does the Minister mean?

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)

Seán Fleming: So this applies to every other current committee as well. We are saying the committee of inquiry established under that will flow from this. We will not have one scintilla more power than any of the other Oireachtas committees.

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)

Seán Fleming: It is the same constraint that applies to others, by definition.

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)

Seán Fleming: Okay.

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)

Seán Fleming: I oppose this for the same reason I opposed section 69.

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)

Seán Fleming: In law the Minister is the Department. A Department does not have two heads so one cannot have a Minister with one view and somebody else in the Department with a different view. I accept this and it makes for common sense. If an inquiry is being held and we accept civil servants cannot comment on the policy, how can they help the committee in its consideration of what went on? Surely...

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)

Seán Fleming: The essence of this section is that, where a committee is of the opinion that the publication of a report could be expected to prejudice criminal proceedings, it can apply to the court for support or an injunction.

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)

Seán Fleming: Yes. The report would be published with the protection of the court. If someone commenced proceedings one or one and a half years after the committee started its work, the inquiry would be left swinging in the wind.

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)

Seán Fleming: Is the Office of the Director of Corporate Enforcement comprehended under this section?

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)

Seán Fleming: Can the Revenue Commissioners take criminal proceedings?

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)

Seán Fleming: Does the Minister also mean Senators?

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)

Seán Fleming: What are the implications if the Seanad no longer exists? The Minister cannot see down the road, but will Senators' papers still be protected or will that provision be relevant?