Results 17,501-17,520 of 29,533 for speaker:Brendan Howlin

Government Decision on Exiting Programme of Financial Support: Motion (Resumed) (20 Nov 2013)

Brendan Howlin: -----the decision was a finely balanced one and we were obliged to give it careful consideration. Following on from it, as the democratic Government, we took a decision that we were as well positioned to exit the programme as we could possibly be in a year's time. Our first action following the taking of the decision was to inform the people through the House of their directly elected...

Written Answers — Department of Public Expenditure and Reform: Valuation Office (20 Nov 2013)

Brendan Howlin: As I already mentioned in a previous reply, the procedures for making an application for a determination of valuation are prescribed in section 27 of the Valuation Act, 2001. Under section 28 (4) of the Act, a Revision Officer appointed by the Commissioner may carry out a revision of valuation in relation to a particular property only if a material change of circumstances (MCC) has...

Written Answers — Department of Public Expenditure and Reform: Public Service Data-Sharing (20 Nov 2013)

Brendan Howlin: While the particular arrangements for the sharing of data between two Departments is a matter for the Departments concerned, it is my understanding that such sharing is generally governed by a Memorandum of Understanding which sets out the expectations on both sides. The question of the governance of data-sharing is of great importance. In recognition of this, the Government recently...

Written Answers — Department of Public Expenditure and Reform: Freedom of Information Legislation (20 Nov 2013)

Brendan Howlin: It is envisaged that specific precedents that may be relevant to the performance of a public body’s statutory functions will be encompassed as appropriate under the publication scheme to be made under section 8 of the Freedom of Information Bill 2013.

Written Answers — Department of Public Expenditure and Reform: Departmental Bodies Data (20 Nov 2013)

Brendan Howlin: In response to the Deputy’s question, as part of the Public Service Reform Plan, within my own area of control, the Commission on Public Service Appointments was merged into the Office of the Ombudsman with effect from October 2012. Arrangements are also currently underway for the merger of the Valuation Office, the Property Registration Authority and Ordnance Survey Ireland; and the...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Brendan Howlin: I am grateful to Senator Zappone and her colleagues for submitting the amendment. I listened very carefully to the rationale presented on Committee Stage.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Brendan Howlin: The emphasis on the public interest as proposed in the amendment is exactly my intention in advancing the legislation. There is staidness with long titles. Having had our discussion on Committee Stage, I consulted officials in the Office of the Parliamentary Counsel to see if they could facilitate this change. However, they regard this as declaratory, almost promotional and outside what is...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Brendan Howlin: Each of amendments Nos. 2,3 and 19 propose a detailed oversight role for the operation of the legislation to be given to me as Minister for Public Expenditure and Reform. I will address each of the amendments. As I indicated in our discussions on Committee Stage, I believe strongly that it is important to revisit the legislation periodically to see whether it is working. However, we need...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Brendan Howlin: The issue is the definition of a public body. The amendment proposed by Senator Byrne refers to an educational establishment, which, clearly, will capture many things that are not public-----

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Brendan Howlin: The term "educational establishment" would cover institutions that are clearly not public bodies, for example, private language schools, private third level colleges and other institutes that are not public bodies. I am keen to meet the objective of Senator Byrne. Once this definition is inserted any institution captured under the definition of a public body would be required to produce...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Brendan Howlin: I thank Senator Byrne. The issue was raised very well on Committee Stage. I have reflected further and received further advices on the matter. I referred to the importance of an institutional or employment connection between the whistleblower and the institution because the remedies relate to employment. I am now advised that the question has been reviewed extensively at international...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Brendan Howlin: The effect of the amendment is to include officeholders and Members of Dáil and Seanad Éireann as workers under the legislation. That is its import and intention. In considering the amendment, I believe it is worthwhile to take a step back and reflect briefly on the fundamental objectives of the legislation which, as Senator Byrne has said, is to safeguard workers in the...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Brendan Howlin: A Member could go to the unfair dismissals tribunal in that instance and many a person would feel that he or she ought to do so.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Brendan Howlin: Alas, we have the most insecure of tenure. There is no contract of indefinite duration; all of our contracts are of very definite and finite duration in these Houses. I do not think that it is necessary to capture such people as workers under the legislation.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Brendan Howlin: I am grateful to the Senators who tabled these amendments. It is a difference of approach, and I have been considering it in the run-up to Committee Stage. Having heard the reasons and reasoned position put by Senators on Committee Stage, I have been considering it prior to dealing with it on Report Stage. Having considered it again I am still convinced, in further discussions with the...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Brendan Howlin: My advice is that the Senator's amendment No. 8 on the exercise of undue influence by public officials is covered by the current definition in section (5)(3) of the Bill.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Brendan Howlin: This group of amendments includes one of my own. I listened carefully to the debate and the positions presented and we had a good discourse on Committee Stage. Amendments Nos. 11, 12, and 21 are all linked to the issue of compensation and the basis on which that compensation is payable. I propose to address these amendments together. Amendment No. 11 proposes to replace the qualifying test...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Brendan Howlin: These are two very important amendments. Long but very coherent arguments were made for them on Committee Stage. Senator Reilly is not here but she put forward a good case for these points. This is the issue of interim relief. The purpose of amendment No. 13 is to provide for interim relief in cases where there is likely to be a substantial delay between a dismissal and an unfair...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Brendan Howlin: I have considered it further. As I said on Committee Stage, I think it anomalous for me, as Minister, to issue guidelines in tort actions in this or any other Bill. The Minister for Public Expenditure and Reform, whoever that person happens to be, is not in any better position than the courts themselves, and many would argue is in a much lesser position than the courts, to decide on what...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Brendan Howlin: I could state all the advices I have in terms of the constitutional role of the Dáil as being the representative body, and so on, but I am not sure I would be very convincing. The people have made their own discernment about the importance of this House. For those reasons, I accept the amendments.