Results 18,881-18,900 of 29,533 for speaker:Brendan Howlin

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: I move amendment No. 4:In page 7, to delete lines 21 to 30 and substitute the following:“(a) is an employee, (b) entered into or works or worked under any other contract, whether express or implied and (if it is express) whether oral or in writing, whereby the individual undertook to do or perform (whether personally or otherwise) any work or services for another party to the contract...

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: I move amendment No. 6:In page 8, line 3, after “and” to insert “includes an individual who is deemed to be a worker by virtue of subsection (2)(b) and”.

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: I move amendment No. 7:In page 8, to delete lines 5 to 17 and substitute the following:“(2) For the purposes of this Act—(a) an individual who is or was—(i) a member of an Garda Síochána, or (ii) a civil servant (within the meaning of the Civil Service Regulation Act 1956),is deemed to be an employee, (b) an individual who is or was a member of the Permanent...

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: 11 o’clock I move amendment No. 8:In page 8, line 25, after "information" to insert "(whether before or after the date of the passing of this Act)".We are dealing a great range of amendments. The purpose of amendment No. 8 is to provide clarity to the effect that a disclosure made prior to the enactment of this legislation can qualify as a protected disclosure provided that the...

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: I move amendment No. 9:In page 8, lines 25 and 26, to delete "in accordance with" and substitute "in the manner specified in".

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: Reference.

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: We had a good debate on this matter on Committee Stage, when I set out the legal assessment that I had been given by the Attorney General. I also indicated that I would consider how the points made by Deputy McDonald might be addressed in light of that legal advice. The Office of the Attorney General has advised that inclusion of breaches of non-statutory codes of practice or professional...

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: I move amendment No. 11:In page 9, to delete lines 27 and 28.

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: I move amendment No. 12:In page 9, line 30, to delete “in accordance with” and substitute “in the manner specified in”.

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: I move amendment No. 13:In page 10, line 5, to delete “in accordance with” and substitute “in the manner specified in”.

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: We had considerable debate on this issue and I set out on Committee Stage that I regarded this amendment as undermining in a significant way the basic architecture of the legislation, and it is modelled on the best international practices. The Deputy's amendments propose the deletion of section 7(1)(b)(ii) that an external disclosure - this is to a person outside the company such as a...

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: No.

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: There has to be balance. If we move away from the balanced approach in this Bill so that we afford protections in all circumstances to somebody who makes an accusation, we will fundamentally undermine the Bill. The modelling I have talked about is examining the best international practice, and I have asked my team to examine best international practice. These matters have been legislated...

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: I move amendment No. 15:In page 10, line 26, to delete "in accordance with" and substitute "in the manner specified in".

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: I move amendment No. 16:In page 10, line 31, to delete "in accordance with" and substitute "in the manner specified in".

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: I move amendment No. 17:In page 10, line 32, after "advice" to insert "(including advice relating to the operation of this Act)".Deputies will recall that on Committee Stage these amendments were the subject of discussion in the context of the circumstances in which advice from a solicitor or a trade union official on a legal matter constitutes what is captured as "legal advice". On the...

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: We enact legislation. However, we do not expect every worker to be able to follow or understand it, particularly when there are significant personal consequences for them. I indicated on Second Stage that I had asked IBEC and ICTU to work together on a simple communication structure in respect of this Bill, to be published in tandem with enactment of the legislation so that employers and...

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: I move amendment No. 19.In page 10, line 32, to delete "solicitor or trade union official" and substitute the following: "solicitor, trade union official or official of an excepted body (within the meaning of section 6 of the Trade Union Act 1941)".

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: I move amendment No. 22:In page 10, to delete lines 34 and 35 and substitute the following: “10. (1) A disclosure is made in the manner specified in this section if it is made otherwise than in the manner specified in sections 6 to 9 and—".

Protected Disclosures Bill 2013: Report Stage (12 Jun 2014)

Brendan Howlin: I move amendment No. 24:In page 11, line 9, to delete "in accordance with" and substitute "in the manner specified in".