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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 workings of an inquiry will have a wide range of data, etc., some of which will be excluded from consideration, and be weighed, parsed and analysed by the Oireachtas qua Oireachtas. I am certainly of the opinion that such process work should not be subject to FOI.

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 report is completed, that is the official record and not its component parts. It would be an undermining of the parliamentary process for that to have to undergo the FOI process, be trawled through and so on. That is my judgment but we will hear the Deputy's views on Report Stage. He may wish to attack it.

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 was strongly of the view, and argued it in the Supreme Court and the High Court, that the private papers should be protected. This measure protects the private papers of Members from FOI unless it is determined by a court that they are required for the administration of justice.

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 is procedural and those are not private papers. It is up to the Oireachtas to determine what qualifies as private papers but there will be communications that should be privileged, as well as some that should not be determined to be private papers. The Oireachtas will set those rules.

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: This section provides that nothing in this Act prevents the giving of or compliance with a direction under section 3 of the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997 - the 1997 Act - or the possession, distribution, printing, publication or showing by either House of the Oireachtas a committee, within the meaning of that Act,...

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 am told this is consequential on repealing the 1997 Act. I can read 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: This section provides that in section 17, subject to section 11(2) of the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) Act 1997, and without prejudice to the generality, it shall be a defence to a defamation action for the defendant to prove that the statement in respect of which the action was brought was made in either House of 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: We are repealing the 1997 Act and are restating what privilege means.

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: Correct.

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: In the circumstances stated.

Written Answers — Department of Public Expenditure and Reform: National Lottery Regulator Establishment (11 Jun 2013)

Brendan Howlin: As the Deputy is aware, the National Lottery Act 2013 provides for the establishment of the office of Regulator of the National Lottery. The Act provides that the Regulator shall monitor and enforce compliance by the National Lottery operator with the Act and the licence. The Act also provides that the Regulator shall exercise his or her functions in such manner he or she considers the most...

Written Answers — Department of Public Expenditure and Reform: Public Procurement Contracts Tenders (11 Jun 2013)

Brendan Howlin: Public procurement is the acquisition, whether under formal contract or not, of works, supplies and services by public bodies. National rules governing public procurement must comply with the relevant EU, WTO and national legal requirements and obligations. Of particular relevance are the rules on free movement of goods, freedom of establishment and freedom to provide services, as well as the...

Written Answers — Department of Public Expenditure and Reform: Public Sector Pensions Issues (11 Jun 2013)

Brendan Howlin: As the Deputy will be aware, AVCs are private funding arrangements for augmentation of pension benefits which are facilitated by individual public service employers, in particular, in respect of payroll deduction. Benefits realised are paid by the AVC provider, not by the public service employer, and are, therefore, not subject to the Public Service Pension Reduction (PSPR). In those cases...

Written Answers — Department of Public Expenditure and Reform: National Lottery Funding Disbursement (11 Jun 2013)

Brendan Howlin: Appendix 1 of the Revised Estimates for Public Services, which is published each year, gives a breakdown by Department of all the expenditure areas that are supported by the proceeds of the National Lottery. In recent years, the total allocation for the relevant subheads has exceeded the amount available from the National Lottery surplus. Therefore, these subheads are now described as...

Written Answers — Department of Public Expenditure and Reform: Public Sector Pensions Issues (11 Jun 2013)

Brendan Howlin: The Deputy raises the application of the Public Service Pension Reduction (PSPR) in those cases where public service pensioners are in receipt of both an occupational and State Pension. In this connection I would point out that as the statutory PRSI related State Pension is not paid by the employer it does not qualify as PAYE remuneration under the Financial Emergency Measures in the Public...

Written Answers — Department of Public Expenditure and Reform: EU Directives (11 Jun 2013)

Brendan Howlin: In response to the Deputy’s question regarding the work currently being undertaken on upcoming legislation, through potential Bills to go through the Houses of the Oireachtas or through Statutory Instruments to ensure Ireland is in compliance with the upcoming deadlines of Directives from the European Union I wish to advise that the Department of Public Expenditure & Reform...

Written Answers — Department of Public Expenditure and Reform: National Lottery Licence Sale (11 Jun 2013)

Brendan Howlin: I propose to take Questions Nos. 342 to 344, inclusive, together. Key information regarding the competitive process in relation to the next National Lottery licence has been made publicly available, most recently on the commencement of the competition on 30 May 2013. However, the detailed technical and legal documentation regarding the process will be made available only to bidding parties....

Written Answers — Department of Public Expenditure and Reform: Sale of State Assets (11 Jun 2013)

Brendan Howlin: Above certain thresholds, public bodies generally require tax clearance certificates from persons or bodies to whom grants, subsidies, or other types of payments are being made or from contractors in situations where the public bodies are buying, hiring, or leasing goods or generally expending public monies. The aim, in the first instance, is to protect the interests of taxpayers by ensuring...

Written Answers — Department of Public Expenditure and Reform: Departmental Staff Recruitment (11 Jun 2013)

Brendan Howlin: The Department of Foreign Affairs and Trade has discussed the possibility of holding a competition for third secretary posts with my Department. The issues surrounding recruitment of Third Secretaries, Administrative Officers and Executive Officers later this year are currently under consideration in my Department.

Written Answers — Department of Public Expenditure and Reform: Legal Matters (11 Jun 2013)

Brendan Howlin: On 29 May 2013, the High Court gave judgment on certain preliminary issues in the case to which the Deputy refers. No final High Court Order has been made. The matter was back in court on 11 June 2013 for further consideration and, on foot of a request by the applicants, was adjourned until 25 June 2013. Until a final High Court Order is delivered, no decision on procurement policy can be made.

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