Results 881-900 of 1,683 for speaker:Derek McDowell

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: I thank the Minister of State for his helpful reply. For the sake of argument, let us take the example of a public representative who communicates with the PAS to inquire how a particular applicant's case stands, as public representatives sometimes do although perhaps not in the case of the Civil Service Commission. While he or she does not state that candidate X is a brilliant man or woman,...

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: Would such a representation be deemed to be improper interference?

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: Is it true that such an inquiry is not illegal and would not invite the sanction stipulated in this legislation?

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: It would not be the first time that public representatives did something like that.

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: I understand this amendment but I do not understand that restriction whereby the provision in section 17(1) applies only to section 5(d) rather than section 5 in its entirety.

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: What sort of assessment does the Minister of State have in mind?

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: Is the Minister of State referring to an assessment of such bodies' existing capacity or an assessment of whether they need to be included within the provisions of this Bill? Are there criteria for this assessment or does it simply constitute a report in response to a request?

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: I think I understand that.

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: I am interested in the reprimand from the Parliamentary Counsel about the code of practice. The Bill does not define "declaration of interest". The phrase is allowed stand but it is also a vogue term in terms of recent——

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: It may be defined in the Standards in Public Office Act 2000 but it is not defined in this legislation. The amendment is sensible. It is appropriate that, since these individuals will be holding public offices, their declarations of interest should be made to the commission and, on that basis, I support the amendment. When the Ethics in Public Office Act 1995 was going through the Oireachtas,...

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: The section sets out standards of disclosure in regard to particular decisions by the commissioners. Are the consequences of failure to disclose set out elsewhere in the legislation? Is there a penalty? Could a decision be rendered invalid? What are the consequences if a commissioner does not disclose an interest in a decision?

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: If a commissioner fails to disclose an interest in property or in a company, does the Bill set out the consequences of such a failure? Is it a prosecutable offence? Would it invalidate the decisions taken?

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: No explicit sanction is provided. There would not be an invalidation of a decision to which the individual was party. For example, if somebody was awarded a contract in circumstances where there was a failure to disclose an interest, the contract would still be valid and, theoretically, the commissioner could remain in the post. He or she would be under pressure to resign but the decision...

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: I do not intend to labour the issue but our companies legislation, for example, is full of lists of proper procedure, things which must be done, but we fail to provide sanctions if those things are not done. There is a certain lack of clarity as to the consequences of failure to comply. While I accept that this is unlikely to happen very often, and ideally it would not happen at all, it is...

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: Does this give carte blanche to the commission to set criteria for particular appointments to the Civil Service or are they already covered in regulations? I assume existing regulations covering the membership of political parties among civil servants carry over and that the commission is not being invested with discretion to change those regulations. Is that right? It seems to give wide...

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: Different regulations govern the way the Civil Service behaves. One regulation requires civil servants beyond a certain level not to be members of political parties and some, I understand, are required to submit to the Official Secrets Act. Is the commission being invested with powers here to change those regulations and the conditions of employment of civil servants? Can it do that by virtue...

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: Are they being incorporated into the codes of practice?

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: This is an interesting amendment. I have taken an interest in this subject over the years and wonder whether the Minister of State can update us as to where we are. I know where the long-standing talks with the trade union representing trade unions stand and to what extent we have moved towards performance management within the Civil Service, as higher civil servants have had a system in...

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: The Progressive Democrats got that one right.

Seanad: Public Service Management (Recruitment and Appointments) Bill 2003: Committee Stage. (6 Jul 2004)

Derek McDowell: I accept what the Minister of State said, that this is not within the scope of the Bill. I am not suggesting that huge bonuses should be paid at the end of any given year, but Senator Mansergh picked a good example in the EU Presidency. There would be nothing wrong with some tangible reward — nobody is talking about anything outlandish — being given to those who performed roles of...