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

Brendan Howlin: I am sorry the amendment is out of order.

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

Brendan Howlin: However, I will talk to it in discussing the section. I will outline the reason the section is in the Bill. Again, it relates to the experience in the United Kingdom and I mentioned it in my speech on Second Stage. It is about the good faith test. There was a good faith test in the original UK legislation. It was expected that somebody who was whistleblowing would act in good faith....

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

Brendan Howlin: I will tread carefully and will look forward to the Report Stage debate.

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

Brendan Howlin: The Senator's first amendment, No. 4, proposes to replace "all reasonable steps" in section 16(1) with the new phrase "reasonable and available measures". Replacing "all reasonable steps", which is what I want, with "reasonable and available steps" actually weakens it because we will have to determine the steps that were available to the person. I believe that is a weakening of the...

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

Brendan Howlin: Section 16(3) states: "A failure to comply with subsection (1) is actionable by the person by whom the protected disclosure was made if that person suffers any loss by reason of the failure to comply." "Actionable" is meant in the normal way of law in that somebody can take legal means to respond to such an action.

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

Brendan Howlin: That is a fair question. I will be honest and tell Members that there was great resistance to section 17 from many quarters. However, there must be a channel that elected representatives of the people should be able to receive information and be, in certain circumstances, a port of call. It was determined that I could include Members of the Dáil in the legislation. Including a wider...

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

Brendan Howlin: I do not have any personal resistance to the issue. In crafting a pool of people to whom people can give information, a unique representative role is entrusted to Members of Dáil Éireann because they are elected directly by the people. They are also, under the Constitution, the authority that holds the Executive to account. There are unique elements to the Dáil that do not...

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

Brendan Howlin: The amendment proposes the insertion of additional subsections into section 21. The latter requires that every public body shall establish and maintain procedures for dealing with protected disclosures. There are two elements to the proposed new subjection (3) put forward by the Senators. The first would require the adoption by public bodies of guidelines pursuant to the operation of the...

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

Brendan Howlin: Again, I do not agree with giving such an oversight role to the Standards in Public Office Commission. I believe it already has a huge variety of roles. We are also, in the context of the review of the Mahon report, looking at ethics legislation in the round. It is my intention to provide for the consolidation of ethics legislation before the end of this Dáil term. I am happy to...

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

Brendan Howlin: It could be reported to the Joint Committee on Public Service Oversight and Petitions.

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

Brendan Howlin: I am grateful to Senator Zappone and her colleagues for tabling this amendment, which seeks an extension to the Long Title of the Bill. The new elements included in the amendment correspond closely to what is acknowledged as the fundamental objectives which I have set out for this legislation, namely, the promotion of openness, accountability and transparency and the prevention of...

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

Brendan Howlin: I welcome that. The working Title of this legislation from the time of conception, including when published by my party when in Opposition, was the whistleblowing Bill. It has now transformed into a much more banal Protected Disclosures Bill. I am afraid that is the way of the legal drafts people. Some people thought there was a negativity attached to the word "whistleblowing". I...

Freedom of Information Bill 2013: Order for Second Stage (2 Oct 2013)

Brendan Howlin: I move: "That Second Stage be taken now."

Freedom of Information Bill 2013: Second Stage (2 Oct 2013)

Brendan Howlin: I move: "That the Bill be now read a Second Time." I welcome the opportunity to introduce the Freedom of Information Bill 2013 to the House. In line with the Programme for Government commitment, the primary purpose of the Bill is threefold - it will restore the substance of the access to information regime put in place in the 1997 Act; it will extend freedom of information, FOI, to all...

Written Answers — Department of Public Expenditure and Reform: Commercial Semi-State Bodies (2 Oct 2013)

Brendan Howlin: The additional €100m in dividends from State companies, provided for in Budget 2013, is in addition to the normal dividends expected of State companies. In general, dividends of 30% of profits after tax have been sought of State companies in recent years. My Department, working with other relevant Departments and NewEra, which has been established to advise Government Departments on...

Written Answers — Department of Public Expenditure and Reform: Commercial Semi-State Companies (2 Oct 2013)

Brendan Howlin: The information sought by the Deputy is available in the Annual Report and Accounts of the bodies in question. These Reports and Accounts are public information and can be seen on the websites of the companies.

Written Answers — Department of Public Expenditure and Reform: Public Sector Pensions Issues (2 Oct 2013)

Brendan Howlin: The aggregation of public service pensions for purposes of the Public Service Pension Reduction (PSPR) means that pensioners who have two or more qualifying public service pensions, which have a combined (pre-PSPR) value of over €32,500, have those pensions subjected to PSPR on a combined or aggregated basis, not separately as has previously been the case. I decided that this...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Public Service Management (Recruitment and Appointments) (Amendment) Bill 2013: Committee Stage (2 Oct 2013)

Brendan Howlin: I indicated on Second Stage that I would be tabling amendments on Report Stage. These relate to small textual changes required in respect of section 2, namely, the replacement of references to vocational education committees, which have been abolished, with references to education and training boards; the replacement in section 6 of the word "that" on line 27 of the relevant page with the...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Public Service Management (Recruitment and Appointments) (Amendment) Bill 2013: Committee Stage (2 Oct 2013)

Brendan Howlin: Staff of the Houses are included but political staff appointments are not included.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Public Service Management (Recruitment and Appointments) (Amendment) Bill 2013: Committee Stage (2 Oct 2013)

Brendan Howlin: The appointment of the Clerk of the Dáil is governed by independent law, originally the 1959 Act, as amended by the 2003 Act. As I have indicated previously, it is my intention to introduce further amendments in this regard. There will be legislation to allow for the open advertising of a public competition in respect of that position into the future.

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