Results 7,081-7,100 of 21,498 for speaker:Mary Lou McDonald

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: The Minister is right that, by definition, a volunteer does not face detriment in terms of pay or promotion prospects, as would arise for a worker. It is also true to say, however, that many people who volunteer for organisations within the charitable sector, including, for instance, section 38 and 39 organisations, do so on the basis that they have a personal vested interest in the work...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: I disagree with the Minister in as much as I remain of the view that there could potentially be a very clear and measurable penalty exacted on a volunteer in circumstances where he or she comes forward with information on wrongdoing. I simply cannot assume that a person, in the absence of a channel for securing protections, would necessarily come forward with that type of information....

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: I will reconsider where I have placed this provision in the legislation. I would like to see everything to which the Minister has referred in terms of policy expectations, identifiable channels and so on being put in place.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: Yes. However, it would be preferable for that necessity to be expressed in primary legislation.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: I will.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: I move amendment No. 4: In page 8, line 35, after "obligation" to insert "or obligation arising from a professional code or workplace code of practice".The legislation envisages scenarios where there are failures to comply with legal obligations. My amendment proposes to extend this coverage to take into account breaches of professional or workplace codes of practices, which would amount 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)

Mary Lou McDonald: I appreciate what the Minister has said and neither would I. I appreciate his point on the law of unintended consequences. As the legislation is currently framed, is the Minister satisfied that, say, the code of practice for the governance of State bodies or the code of conduct for councillors, is captured by the legislation?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: Then it is captured.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: But if it is not, it is not.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: I withdraw it as I want to reflect on the discussion we have had with the Minister and I may return to it at a later Stage.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: I move amendment No. 5: In page 10, to delete lines 10 and 11.This amendment hinges on the issue of substantially true versus reasonable belief. To cut to the chase, reasonable belief is a sufficient threshold for this legislation. To ratchet that up to substantially true places an undue burden on the person coming forward as the whistleblower and is unnecessarily high. The kind of prudent...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: I do not accept that, not least because the Minister is bringing forward this legislation in a culture and environment in which it is exceptional for people to come forward and to blow the whistle. The most recent high profile example of that is within the Garda Síochána. Let it be said that the Garda is by no means unique in this regard. One is not starting from a position of...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: I disagree, but I do not believe we will agree on this.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: I move amendment No. 6: In page 10, line 32, to delete “, solicitor or trade union official” and substitute “or solictor”.This is to clarify the position on disclosures to a legal adviser or a trade union official. In practice, we presume a trade union official has legal credentials or some scope to advise an individual or guide him or her. The amendment provides...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: No, the Minister is not. Of course, in workplaces that are organised, shop stewards and so on do advise on the law, but I am not sure that they give legal advice.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: I will not comment on that. Does the Minister agree that my amendment No. 7 caters for the trade union issue?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: I am arguing that it does solve the issue. As the Minister knows, legal advice through trade unions is given by solicitors who are retained by the union. I do not know any trade union official who would, unless he or she is legally trained, claim to give advice on the law. I do not wish to nitpick here, but it is a valid point.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: Therein lies the dilemma.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: My amendment No. 7 proposes to insert the following provision: "10. A disclosure is made in accordance with this section if it is made by the worker in the course of obtaining advice from a trade union official or a person authorised by the worker's employer in accordance with a procedure prescribed by the workers employer.".Can I take it that the Minister will reflect further on this...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Mary Lou McDonald: I will withdraw the amendment on that basis, but I may return to it on Report Stage.