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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: One might have trivial stuff.

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: There could be trivial stuff. What is interesting is that section 91 refers to the death of a person in Garda custody. The Minister just said that some of us might not be happy with these amendments because they would prevent people from coming to us. I am speaking for myself. I have heard about different issues from other Members. Since all these issues arose concerning the file...

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 not mentioning any names. I considered it carefully and passed it directly to the Taoiseach because he seemed to be the man taking charge of these issues. He bypassed the Department of Justice and Equality as far back as then, even though he only did it formally last week. I received an acknowledgement. The family wanted to make a complaint about the death of the family member in...

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 sent details of the complaint to the Taoiseach. Due to the fact that the Minister is willing to look at the wording of amendment No. 19, I have specific questions which I will pass on for now.

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 only have a copy of the relevant sections here.

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 move amendment No. 17: In page 17, to delete lines 29 to 34.Section 18 applies to a disclosure of information if it might reasonably be expected to affect adversely the security, defence international relations and intelligence of the State. These disclosures are not protected. I am not arguing the point if it adversely affects the security or defence of the State. However, in regard to...

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?

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 will sort it out on Report Stage. There are a couple of good amendments there.

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 cannot agree to that.

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: So do I.

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: There is nothing ambivalent.

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: So we will amend the amendment on Report Stage rather than coming in with a clean 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: We will fight the Minister on Report Stage if we are not happy.

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