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

Paschal Donohoe: Sure.

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

Paschal Donohoe: I would be very happy to do that. In many cases, what we are looking to do is to align with legislation that is already there but that being said, we are vesting new powers in the standards commissioner, as we have discussed. There will be a change in how we expect public officials and elected members to perform. In that spirit, I will take up Deputy Calleary's suggestion and write to the...

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

Paschal Donohoe: I am crystal clear about where everyone is coming from. In that spirit, the Chairman and the members are looking to make sure that we end up with a Bill which can be properly implemented. My Department will write to the local authority representative bodies and ask them for any further input on the Bill. We will complete that before we move to Report Stage and I will notify the committee...

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

Paschal Donohoe: I have mine switched off.

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

Paschal Donohoe: I contend that we are going the opposite way in that we are making it clearer to local authority members what it is they have to do. As I have said, I am happy to help with any concerns that colleagues might have and notify the local authority representative bodies of the Bill and what we are doing. If they have any concerns about it, we will revert back to the committee.

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

Paschal Donohoe: There will be an opportunity to undo or reverse this on Report Stage.

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

Paschal Donohoe: I am happy to do that but this Bill has been published since January 2016. I take the Deputy's point that a hell of a lot has been happening in the intervening period but this is a Bill that has been in the public domain for quite a while. On Report Stage, if colleagues wish to change or notify me of changes they would like to make, we can engage in such changes then.

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

Paschal Donohoe: Yes.

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

Paschal Donohoe: Yes.

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

Paschal Donohoe: Section 3 is in Part 1 of the Bill and it does is provide an interpretation of the expression "material interest in a matter".

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

Paschal Donohoe: Section 4 provides a definition of what a public official is. It lays out the different bodies of which a public official is a member. It also lists the Attorney General and Comptroller and Auditor General. It lays out in subsection (2) the role of a director, the role of an employee, and then latter sections, particularly subsection (3), make it clear who it does not apply to.

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

Paschal Donohoe: They are excluded and that has been the norm up to this point. The legislation we have had on electoral issues, lobbying, donations and so on has only dealt with public officials. It has not dealt with judges.

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

Paschal Donohoe: A debate is under way about a register of judicial interests.

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

Paschal Donohoe: That is not part of this Bill and it is a matter that is being dealt with by the Department of Justice and Equality, not my Department.

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

Paschal Donohoe: No.

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

Paschal Donohoe: There has been no change. It is the same.

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

Paschal Donohoe: Section 5 defines what a public official is. It splits it into two different categories. A "Category A" official is broadly an individual who holds a very senior post. "Category B" senior officials are people who are, for example, principal officers or hold posts of county registrar or city sheriff. It also deals with "Category C", which is below it.

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

Paschal Donohoe: Yes. They will be subject to the same provision as the Deputy is.

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

Paschal Donohoe: No. My understanding is that the Master of the High Court does not perform some of the judicial roles that a normal member of the Judiciary would, but I am happy to check that and come back to the Deputy about it.

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

Paschal Donohoe: I move amendment No. 2:In page 16, line 31, after “which” to insert “subsidiary or company”. This section defines what a public body is under subsection (1). All the different definitions of what a public body is can be seen. Each body in the Civil Service is laid out. It then goes on to deal with issues of oversight and how that is going to be organised within...

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