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Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: It is available online.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: I will check that out.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: We use the term "public interest" often but I do not think I have ever seen it defined in legislation, either British or Irish, because it is very hard to nail down what we mean by it. However, we do know what the concept means. In essence, we want to have a robust, investigative body. I must be careful in what I say but I do not think we can be confident at this very minute that we have...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: We will have a go at finding that.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: I move amendment No.11: In page 13, line 10, to delete “or (e)”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: I was unclear as to exactly what the Deputy was trying to achieve with this amendment but I am now clearer as to her intention. It would be very difficult to do what the Deputy has talked about. An employee has clear rights and protections in terms of employment when he or she is in situ, anchored in the workplace. In section 13, subsection (3), the word "detriment" is defined and includes...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: I move amendment No. 13: In page 14, line 14, after “Schedule 2,” to insert “or”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: I move amendment No. 14: In page 14, lines 16 to 18, to delete all words from and including “2004, or” in line 16 down to and including “2005.” in line 18 and substitute “2004.”.Amendment agreed to.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: I have reflected further since the Deputy made this point previously. The effect of amendment No. 15 would be to remove section 16(2)(a) which states the requirement to protect the identity of the maker of the disclosure set out in section 16(1) does not apply if "the person to whom the protected disclosure was made or referred reasonably believes that the person by whom the protected...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: Correct

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: One does not want to have a situation where one can be precluded from taking action. Because it might suit them not to take action, they could say they cannot do it because it would disclose information.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: If the Deputy wishes to discuss it with my officials, I will happily arrange this, too.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: I raised this point previously with the Deputy. Everything is covered by the Bill and nothing is excluded. It is just that because of the sensitive nature of this small subset of information, there is a unique channel for this, although I suppose that is a word I have to be careful of nowadays, as a disclosure recipient. There is no difficulty with whistleblowing, but one just cannot blow...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: Yes.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: It is important to say there is no class of information that is excluded because of its unique status. It is just that the range of persons who can receive the complaint is narrowed for that very small class.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: Yes - full protection.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: The disclosure recipient, yes.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: If it is properly investigated, it probably would.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: That is correct.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: I move amendment No. 18: In page 18, between lines 13 and 14, to insert the following:“Amendments of Garda Síochána Act 2005 19.(1) The Garda Síochána Act 2005 is amended—(a) by inserting the following section after section 102:“Protected disclosures relating to the Garda Síochána 102A.(1) If the Ombudsman Commission is prescribed under...

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