Results 16,861-16,880 of 29,533 for speaker:Brendan Howlin

Written Answers — Department of Public Expenditure and Reform: Legislative Process (1 Oct 2013)

Brendan Howlin: In response to the Deputy’s question the following is a list of Acts under the remit of my Department that have not yet commenced: Name of Act Provisions not yet commenced National Lottery Act 2013 None of the Act's provisions have yet commenced. It is intended that the entire Act will commence shortly. Construction Contracts Act The entire Act is subject to a Commencement Order...

Written Answers — Department of Public Expenditure and Reform: EU Directives (1 Oct 2013)

Brendan Howlin: In response to the Deputy's question I can confirm that all relevant European Union directives under my area of responsibility have been complied with and this Department has not been subject to any fines and there are no potential fines pending.

Written Answers — Department of Public Expenditure and Reform: Departmental Staff Remuneration (1 Oct 2013)

Brendan Howlin: I refer the Deputy to the Analysis of Exchequer Pay and Pensions Bill 2007 - 2012, published by the Central Pay Policy Section of the Remuneration and Industrial Relations Division of my Department. This publication presents a detailed breakdown of both gross and net pay and pension expenditure in aggregate terms, by sector and by individual Vote and is available on my Department's website...

Written Answers — Department of Public Expenditure and Reform: Departmental Expenditure (1 Oct 2013)

Brendan Howlin: The capital expenditure measures contained in the 2011 Jobs Initiative formed only part of a much wider set of measures included in the Initiative which were aimed at generating employment and kick-starting economic activity. The aim of the capital measures was to accelerate capital works that are shovel ready, have a local focus and are labour intensive. Schools, secondary roads works and...

Written Answers — Department of Public Expenditure and Reform: State Bodies Abolition (1 Oct 2013)

Brendan Howlin: I refer the Deputy to my answer to PQ 39347/13 answered on Tuesday, 24th September, 2013 regarding progress on the agency rationalisation measures contained in the Public Service Reform Plan. My Department is currently monitoring the implementation of the agency rationalisation programme of the Public Service Reform Plan on a quarterly basis. The latest tables which detail this progress to...

Written Answers — Department of Public Expenditure and Reform: Regulatory Impact Assessment Data (1 Oct 2013)

Brendan Howlin: In response to the Deputy’s question the following is a list of Regulatory Impact Statements carried out on Bills in my Department since 2011: Name of Act Regulatory Impact Assessment carried out Construction Contracts Act RIA published on 27 September 2011. Signed into law on 29 July 2013 (subject to a Commencement Order) Protected Disclosures Bill 2013 RIA published alongside...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Brendan Howlin: Section 2 provides for a review of the operation of the Act no later than five years after its commencement. I gave some consideration to the appropriate timeline. Five years sounds long, but I wanted there to be sufficient experience of the Act. There is no point in having a review when there has not been sufficient cross-sectoral usage within and without the public sector for us to make...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Brendan Howlin: One of the changes that we are introducing under the Oireachtas reform proposal is to make periodic reviews of legislation. Sometimes, we do not see how enacted legislation impacts. Parts of some Acts have never been commenced. Even legislators often do not know this. I have no difficulty with the notion of a review of this Bill, but I want such a review to be meaningful. A sufficient...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Brendan Howlin: I understand the Senator is considering submitting an amendment on Report Stage. We have examined this area in the context of best international practice, including the ground-breaking legislation in the UK which examined the definition of "worker". In the UK and across all the jurisdictions we have looked at, there is a strong consensus among experts that whistleblower protection should...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Brendan Howlin: For clarification, we are inserting a legal mechanism to protect whistleblowers. Anybody who sees wrongdoing should be able to blow the whistle. The idea is that those in the workplace should not be vulnerable to retribution. If one is not in the workplace, however, it does not mean that one should not be a whistleblower. Volunteers cannot be fired so they do not need the protection of...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Brendan Howlin: On Second Stage we discussed at length the main aim of the suite of reform legislation to change the culture. One cannot craft legislation to suit every individual case. This legislation is, by and large, to protect the whistleblower in the workplace. It defines the workplace, the redress available to whistleblowers and protections against penalisation being visited upon them. There is a...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Brendan Howlin: I thank the Senator and her colleagues for proposing the amendment, which would insert a new relevant wrongdoing that could be reported upon for the purposes of making protected disclosure. The amendment would add to the list of relevant wrongdoings set out under section 5(3). Having carefully considered the wording of the proposed amendment, I am satisfied that the issue of the exercise of...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Brendan Howlin: Yes.

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Brendan Howlin: I have indicated already that I want the best international practice, which is to have a robust all-encompassing definition. The more we narrow it down, the weaker we make it. We will debate the matter on Report Stage in terms of the Companies Acts but I am advised that breaches of the Companies Acts are encompassed in the definition. That was the advice of the Attorney General to me....

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Brendan Howlin: The point is Senator Zappone provided one specific, but I could give her five more.

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Brendan Howlin: Yes. Senator Byrne has just given Senator Zappone a further example in respect of the Companies Act. The more we seek to specify, the more often we suggest that such and such is not included. I am telling the House that the advice I have from the Attorney General upon looking at the amendment that Senator Zappone has submitted is that it is encompassed and there is no need to repeat it ar...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Brendan Howlin: While I note the last intervention has absolutely nothing to do with the legislation, I commend the Senator on making his party political broadcast on the issue. What I said was it would be my personal wish that any resources saved were used for that purpose. However, that will not be my decision entirely, although I will have a say in it. It is a matter for the people, in their absolute...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Brendan Howlin: I am sure the Acting Chairman discovered relevance when I was arguing my point of view and did not discover it when the good Senator was arguing the contrary point of view. Anyway, I acknowledge the Chair is perfectly balanced and I will move back to the specific amendment. While I will reflect further on the points made, I have the assurance of the Attorney General. Obviously, my...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Brendan Howlin: While this section is straightforward, it is important and I am glad it has been raised by the Senator. It provides that a disclosure is made in accordance with this section if it is made by the worker in the course of obtaining legal advice from a barrister, a solicitor or a trade union official. This is because trade union officials often advise on labour law in particular and that would...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Brendan Howlin: I thank the Senator and her colleagues for tabling this important amendment. I referenced the matter on Second Stage. I note that the amendment is long and detailed and it is obvious that a lot of thought has gone into its drafting. In order to be helpful to the House I shall set out the provenance of interim relief in the whole area of whistleblowing legislation. The potential for...