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Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: We discussed amendment No. 1 on Committee Stage and I outlined Government policy regarding the protection in law for persons making reports in good faith. Previous mention was made of the corruption laws in our country. Significant anti-corruption legislation is on our Statute Book. The Prevention of Corruption Acts, 1889 to 2005, relate to this area. I indicated that I have asked my...

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: That is correct. Amendments Nos. 4 and 21 are my amendments.

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: It was a parliamentary question.

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: As I said earlier and also when we discussed this previously, I have no doubt predecessors of mine indicated why the Government had decided, based on the strong advice of the Attorney General, that a much more robust way of dealing with whistleblower protection was by doing it on a sectoral basis in order to tailor it to the circumstances that pertain in the particular area. There is no...

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: I move amendment No. 4: In page 5, lines 40 and 41, to delete ", or ought reasonably to know,".

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: The effect of the amendments would be that protection from liability for damages or other form of relief would apply to persons making reports in good faith that were founded on a suspicion that an offence was being committed, in addition to the existing wording, which applies to an opinion. As I already said, I believe the opinion itself encompasses the issue of suspicion. We did discuss...

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: I move amendment No. 6: In page 6, to delete lines 6 to 8 and substitute the following: "(5) An employer shall not penalise or threaten penalisation against an employee, or cause or permit any other person to penalise or threaten penalisation against an employee, for---". Amendments Nos. 6, 8 and 9 relate to penalisation of an employee for making a report of a suspected corruption offence....

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: I move amendment No. 8: In page 8, line 14, to delete "and effective".

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: I move amendment No. 9: In page 9, line 25, after "or" to insert "by".

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: I move amendment No. 10: In page 11, line 9, to delete "his or her parent or guardian" and substitute the following: "the employee's parent or guardian with his or her consent". Schedule 1 of the Bill provides redress for compensation and a mechanism for complaints to a rights commissioner for an employee who may have been penalised or threatened with penalisation by an employer as a result...

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: I move amendment No. 11: In page 11, line 12, to delete "his or her" and substitute "the employee's".

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: I move amendment No. 12: In page 11, to delete lines 27 to 32 and substitute the following: "(b) require the employer to take a specified course of action, which may include, in a case where the penalisation constitutes a dismissal within the meaning of section 8A(13), re-instatement or re-engagement;". Amendment No. 12 relates to Schedule 1 of the Bill, and paragraph (1) deals with redress...

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: I move amendment No. 13: In page 11, line 45, to delete "A rights" and substitute "Subject to subparagraph (10), a rights".

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: I move amendment No. 14: In page 12, between lines 20 and 21, to insert the following: "(10) Where a delay by an employee in presenting a complaint under this paragraph is due to any misrepresentation by the employer, subparagraph (4) shall be construed as if the reference to the date of the contravention were a reference to the date on which the misrepresentation came to the employee's notice.".

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: I move amendment No. 15: In page 13, line 7, to delete "point" and substitute "question". This is a minor drafting amendment, proposed on the advice of the Parliamentary Counsel, to reflect the usual terminology applied where the Labour Court may refer a question of law, rather than the existing wording which is a point of law, to the High Court for its determination. Subsection (6) remains...

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: I move amendment No. 16: In page 14, line 13, after "employee" to insert the following: "(or, in the case of an employee who has not reached the age of 18 years, the employee's parent or guardian with his or her consent)". As I mentioned earlier, section 6, inserting Schedule 1 of the Bill, contains a mechanism for complaints to a rights commissioner for employees who may have been threatened...

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: I move amendment No. 17: In page 14, line 16, to delete "he or she" and substitute the following: "the employee or his or her parent or guardian, as the case may be,".

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: I move amendment No. 18: In page 14, lines 20 and 21, to delete "his or her parent or guardian" and substitute the following: "the employee's parent or guardian with his or her consent".

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: I move amendment No. 19: In page 14, line 37, to delete "his or her parent or guardian" and substitute the following: "the employee's parent or guardian with his or her consent".

Prevention of Corruption (Amendment) Bill 2008: Report and Final Stages. (16 Nov 2010)

Dermot Ahern: I move amendment No. 20: In page 15, to delete lines 5 and 6 and substitute the following: "on the compensation (at the rate per annum standing specified for the time being in section 26 of the Debtors (Ireland) Act 1840) for each day or part of a day". This is merely a technical amendment. As the Courts Act 1981 ultimately refers back to the Debtors (Ireland) Act 1840, this amendment...

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