Results 16,061-16,080 of 29,533 for speaker:Brendan Howlin

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: I move amendment No. 23: In page 40, subsection (1), line 20, after "inquiry" to insert the following:"(or, in the case of a Part 2 inquiry which is a section 15 inquiry, as soon as may be after section 15 applies and the committee that is to conduct the section 15 inquiry is identified)".Amendment No. 23 provides for the insertion of a reference to section 15. Amendment No. 24 is a...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: I move amendment No. 24: In page 40, subsection (2), lines 26 and 27, to delete "of a Part 2 inquiry" and substitute "is identified)".

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: Subsection (1) provides that a witness whose good name is or maybe directly impugned in an inquiry may apply for costs in a Part 2 inquiry. The focus in relation to the recoupment of legal costs is on persons whose good name is at issue rather than other witnesses. The Oireachtas commission does not have a role in relation to the quantum of legal costs under the Bill. It does not make that...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: The procedure will be that once a committee is established, if one believes one will be a witness to the committee and one's name is likely to be at issue, one applies to the committee stating one's desire to have legal representation.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: One applies to the committee established, which will make the preliminary determination in that regard. If one then considers this determination to be not correct, one of course then has access to the courts to overrule the committee's view.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: Not quite. First, one should remember the scoping in this regard will be done by the committee. It will meet in advance and is likely to determine the list of witnesses. It is likely to know, from the matters to be inquired of, who really is on the hazard in respect of his or her good name. Consequently, I do not think it will come as any shock to the committee to receive an application...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: Yes. While obviously it will not determine that, the committee will make a determination that in accordance with the terms of reference and the rules of the House, the person concerned would be entitled to legal representation.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: I do not envisage any committee will write to say incidentally, it may be impugning one's good name but-----

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: Yes.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: Once the committee determines this, one would be so entitled as that is a final determination. My understanding is the commission itself will not be obliged to vouch for it. Sorry, there are two steps involved in this process. First, the committee will determine that one is to be legally represented. The decision on the amount to be paid will be made at the end of the inquiry and the...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: Yes, if one applies for such. Alternatively, one could apply in the middle of proceedings.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: Yes.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: The committee has determined that one is entitled to costs. What is determined subsequently is the quantum of the cost to be paid.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: Yes, that is covered in the Bill.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: The provision is in section 45(1). If one goes through section 45, one will see this matter is covered properly.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: I move amendment No. 26: In page 44, subsection (9)(d), line 18, after “commenced” to insert the following:“or, in the case of a Part 2 inquiry which is a section 15 inquiry, after section 15 applies and the committee that is to conduct the section 15 inquiry was identified but before the section 15 inquiry commenced”.As the Chairman indicated, amendments Nos. 26...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: My understanding is the Deputy accepts the section but simply does not accept the vehicle for making the decision.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: We probably need to revisit the issue, albeit not of the Oireachtas commission being the appropriate body. However, the Deputy rightly has instanced issues in respect of the Oireachtas commission. It is part of the ongoing discussion regarding other legislation I am having with the Ceann Comhairle on having a representative Oireachtas commission. I do not want to say any more about that...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: I move amendment No. 27: In page 48, subsection (6)(d), line 29, after “commenced” to insert the following:“or, in the case of a Part 2 inquiry which is a section 15 inquiry, after section 15 applies and the committee that is to conduct the section 15 inquiry was identified but before the section 15 inquiry commenced”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: I move amendment No. 28: In page 50, subsection (4), line 21, to delete “land” and substitute “property”.I imagine that Deputies opposite read this amendment and wondered what it was about. I will explain. It is not actually essential to the legislation but it is a vehicle that I wanted to use. As the members will know, a private Bill is a Bill promoted for the...