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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: Section 17 sets out the requirement for tax compliance regarding proposed judicial appointments and certain other appointments. Subsection (1) provides that the Judicial Appointments Advisory Board will not recommend a person to the Minister unless that individual has furnished to the board both a tax clearance certificate or a declaration - not more than one month before the relevant date -...

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

Paschal Donohoe: We are only seeking to make this consistent with existing legislation in this area, namely, the Courts and Court Officers Act 1995. We are simply looking for tax clearance certificates here. My understanding is that there is no change from how things are at present in respect of the 18-month requirement but I will come back to the Deputy on that.

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

Paschal Donohoe: They are not included under the broader Ethics in Public Office Act because of their constitutional independence. If we were to go any further in this Bill in extending to judges the requirements to which a Member of the Oireachtas is subject it could be inconsistent with their status within the Constitution. We are looking to deal with this separately through the establishment of a...

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

Paschal Donohoe: Yes, but within that space the issues being raised here will be dealt with by the establishment of a judicial council.

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. 15:In page 33, between lines 24 and 25, to insert the following:"(7) Subsection (8)applies to the format in which, and the means whereby, all or any of the following are to be issued or furnished, namely—(a) any certificate or statement referred to in this section is to be issued by the Collector-General, (b) any certificate, declaration or statement referred to...

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. 16:In page 34, line 18, to delete "section 8" and substitute "section 8" ".

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

Paschal Donohoe: This lays out the need to provide a declaration of interests. It refers to the different categories of officials that we referred to earlier and how they are to make their declarations. It instructs officials to be compliant with the Bill and lays out how.

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

Paschal Donohoe: Section 22 of the Bill refers to the commitments that a category C public official would have which we defined in an earlier part of the Bill.

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. 17:In page 36, line 21, after "format" to insert "in which".

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

Paschal Donohoe: Section 24 provides for the retention of statements and matters concerning legal or medical services. Subsection (1) provides that a statement of declarable interests or a statement of ad hocdisclosures will be retained by the relevant person who receives it for 15 years, and that it or a copy of it will be furnished to the commissioner whenever it is requested by the commissioner....

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

Paschal Donohoe: It means that where somebody receives statements and matters concerning legal or medical services, the sections of the Bill will apply to it. In terms of legal services, that is quite clear where it is, for example, legal advice that might have a monetary value. It is important that it would be declarable or available to be declared. In relation to medical services, currently the 1995 Act...

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

Paschal Donohoe: I will reflect on it. I can see clearly the legal piece. I note I am not currently being asked to change it but I will have a look at it. I will reflect on the reference here to psychiatric or psychological services. Even if it is anchored in other legislation, we think about these matters in different ways now to how we did a number of years ago. It is a fair point.

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. 18:In page 37, line 37, to delete "office holder" and substitute "Minister of the Government".

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. 19:In page 38, line 3, after "Government" " to insert "in each place where it occurs".

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. 20:In page 38, line 7, to delete all words from and including "(1) There" down to and including line 10 and substitute the following:"(1) There is established, by virtue of this section, an office which shall be known as—(a) Oifig an Choimisinéara um Chaighdéain san Earnáil Phoiblí, or (b) in the English language, the Office of the Public...

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

Paschal Donohoe: The purpose of this is to ensure that the litmus test for the potential dismissal of such a person is very high. That is appropriate, given the degree of power that he or she has.

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

Paschal Donohoe: It is demanding but we lay out the circumstances in which that could occur.

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

Paschal Donohoe: We do, but this is a different kind of commissioner.

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. 21:In page 39, to delete line 10 and substitute the following:“Commission by— (a) the Act of 1997, and (b) the Local Elections (Disclosure of Donations and Expenditure) Act 1999, and paragraphs (a)and (b)shall not be construed as limiting the generality of section 64(1)as regards that provision operating to confer functions, under other enactments, on the...

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. 22:In page 39, between lines 10 and 11, to insert the following: “Supplemental provisions in relation to section 2627.(1) Where a person who holds the office of the Public Sector Standards Commissioner is—(a) nominated as a candidate for election to either House of the Oireachtas, the European Parliament or a local authority, (b) nominated as a member of...

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