Results 16,481-16,500 of 16,849 for speaker:Dermot Ahern

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: No, there is a suggestion that in some way-----

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: -----there is a greater onus on the person because of the use of the word "opinion" rather than "suspicion". That leaves aside the fact that as far as we on this side of the House are concerned, the word "opinion" includes "suspicion". I will look at this again and consider whether it is possible to define "opinion". I do not believe one can but we will ask the Office of the Attorney...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: I take the debate seriously.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: I did not know that.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: I did not know that.

Seanad: Business of Seanad (1 Dec 2010)

Dermot Ahern: Now that peace has reigned, as I indicated I had no problem going into next week, I would not want any of that to suggest we may come back with an agreement on the amendment because, as I said, we considered this previously. We will consider it again and ask that the opinions, rather than the suspicions, of the other side of the House be taken into account.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: I am minded to accept the amendments, although some of the documents before me would suggest they are not necessary. As I said, opinion encompasses belief and suspicion; it does not connote certainty. Therefore, there is no need to change "may" to "may have been or may be being". The whistleblower is not required to prove that corruption has been or is being committed. He or she is not...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: As I have accepted the amendments, for logistical reasons we would have to have Report Stage today.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: We will have to deal with them all today due to logistical reasons in regard to bringing the Bill back into the Dáil.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: While I accept that Senator Mullen tabled thee amendments in good faith, the net effect of what he is suggesting - which he readily admitted - would be that the test would be restricted to one of falsity. In deleting the words to which the amendments refer, he would, in effect, be providing protection for persons who knowingly or recklessly make communications or offer opinions that are...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: There is no conflict in this regard. The start of the section states that a person who, apart from this section, would be so liable shall not be liable in damages in respect of a communication unless he or she makes it knowing it to be false, misleading, etc. or is reckless as to whether it is such. That, ultimately, is an offence. It is very narrowly drawn because it is a criminal...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: This must be narrowly focused on falsity. It could well be difficult to prove something is frivolous in a criminal context and that is why that subsection is focused specifically on falsity whereas the other includes a wider gambit of situations. As I stated regarding a criminal offence, it would apply to the situation where the person knows it to be false.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: I do not accept that. Proving misleading, frivolous or vexatious in a criminal context is much more difficult than proving a falsehood, and that is why there is that distinction. It is correct that there is a distinction but it is because of the requirement under the criminal code to prove an offence beyond all reasonable doubt, which may be difficult in the context of a person making a...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: Yes.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: The Bill provides that the appropriate person is a member of the Garda Síochána, an employer or an employer's nominee and, if the whistleblower is abroad, Irish diplomats and foreign law enforcement officers. Given that the whistleblower provisions of the Bill relate to specific criminal offences and protection in the workplace we believe this is the appropriate provision. To expand the...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: I cannot put it any clearer. The basis upon which we are trying to restrict it to the Garda Síochána, or the employer for civil issues, is because we are trying not to have too many mediators in the process which could complicate it and perhaps lead to information not being passed on appropriately because of mistakes. It would be far better to leave the list of appropriate people as it is...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: We have no more amendments to make.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: I indicated that it was highly unlikely I would be able to accept it.

Tributes to Head Usher of the Houses of the Oireachtas (2 Dec 2010)

Dermot Ahern: Thanks for reminding me.

Tributes to Head Usher of the Houses of the Oireachtas (2 Dec 2010)

Dermot Ahern: We had a genuine team.