Results 16,121-16,140 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: Clearance.

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: No. For the sake of clarity, this section only refers to criminal proceedings. They could not be initiated by someone who wanted to thwart the inquiry deliberately. They could only be initiated by the Director of Public Prosecutions, DPP.

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: No. The Director of Corporate Enforcement would apply to the DPP, who determines whether prosecutions should be taken.

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: Only the DPP can take criminal 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: I move amendment No. 40: In page 81, subsection (2), lines 39 and 40, to delete all words from and including "or" in line 39 down to and including "both" in line 40 and substitute the following:"(and irrespective of whether the definition of "private paper" provided for in such rules and standing orders overlaps, whether in whole or in part, with the definition of "private paper" in this...

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: It will not be relevant after 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: Yes. The Constitution provides a privilege protecting those papers, but it does not amplify that privilege. As section 106(1) states: "Subsections (1)(a) and (3)(a) of section 102 shall apply to a former member who has not died as if the references in those subsections to "member" were references to "former member"."

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. All documents that come to the Oireachtas are privileged unless they are set aside as not being privileged. The uniqueness of Oireachtas Members is that they have the right to receive communication from citizens without putting those citizens under hazard unless that communication interferes with the administration of law or criminal proceedings or is required by an investigation....

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: No. If a Member wrote to someone defaming him or her, the Member would have no protection. However, if the Member defamed him or her in the Chamber, the Member would be protected.

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. 41: In page 82, subsection (2), lines 10 to 20, to delete paragraphs (b) to (d) and substitute the following:"(b) the rights and interests of any member affected, (c) the rights and interests of any other person who provided information to the member, (d) the rights and interests of any other person to whom the paper relates,".Sections 102(2) and (4) and 111(2) set out...

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. 42: In page 82, subsection (4), lines 43 to 47 and in page 83, lines 1 to 6, to delete paragraphs (b) to (d) and substitute the following:"(b) the rights and interests of any member affected, (c) the rights and interests of any other person who provided information to the member, (d) the rights and interests of any other person to whom the communication relates,".

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. 43: In page 85, subsection (2), lines 34 and 35, to delete all words from and including "or" in line 34 down to and including "both" in line 35 and substitute the following:"(and irrespective of whether the definition of "official document" provided for in such rules and standing orders overlaps, whether in whole or in part, with the definition of "official document" in...

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. 44: In page 86, subsection (2), lines 29 to 39, to delete paragraphs (b) to (d) and substitute the following:“(b) the rights and interests of any person affected, (c) the rights and interests of any other person who provided information to the House, (d) the rights and interests of any other person to whom the document relates,”.

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: Section 113 contains offences relating to Part 11. Subsection (1) creates the offence of knowingly or recklessly disclosing an official document of the House in breach of the provision of this part. The offence may be committed by any person other than a Member. Subsection (2) makes it an offence for any person to publish an official document that has been disclosed in breach of this part....

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: That would be on conviction or indictment. A fine on conviction would be €5,000 and a conviction on indictment would be €500,000.

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: It would be if a person is prosecuted before a jury in the Circuit or High Court.

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. It would have to be an extraordinary breach that would have a catastrophic result or damage. That an act would merit prosecution at that level would be determined by the Director of Public Prosecutions.

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: There are categories of offences under the Fines Act 2010.

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: Section 2 deals with definitions, including that of an oath, which includes an affirmation. I am informed it is in the Bill but I cannot see it myself. In any event, it is carried by the definition of "oath" in the Interpretations Act.