Results 19,481-19,500 of 29,533 for speaker:Brendan Howlin
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: We will have guidelines too. As I explained on Committee Stage, the import of the Senator’s amendment will be captured but it would be a bridge too far to require the trawl of every personal account and text that an individual would have in order that there might be something there that would be germane to it. The guidelines will state that any official correspondence on any official...
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: I agree entirely with Senator Norris. It has always been the tradition, and accepted in both Houses, that the President is above politics. It has been a firm and rooted tradition since the foundation of the State, and accepted in the Dáil and Seanad, that we do not discuss the President. In keeping with this independence I felt it would not be appropriate to cover the Office of the...
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: I understand the very clear point made by Senator Norris, and it is a balance between inhibiting proper ventilation of issues for fear they might come into the public domain and putting all options on the table with the need for the public to know what options are considered. The Senator is not right to state he wants to revert to the status quo. This is the status quo, in as much as I am...
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: Private communication between two Members of the Government is at issue here. What is private communication? Is it anything I deem to be private? Is that private? Can I discuss fundamental issues of public policy outside any scrutiny of any kind and deem them simply to be private?
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: I know that in the specific case in which I was involved, in the course of the debate of this particular issue in both the High Court and the Supreme Courts a great deal of focus was placed on the very important right of privacy. There are countervailing rights such as the right to one's good name and the right to not interfere in the course of justice. If I discussed knowledge I had about...
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: I perfectly understand the logic and reasoning of both Senators in advancing this amendment. As they rightly state, under the Fines Act 2010, a class B fine currently stands at not more than €4,000 on summary conviction. By way of explanation of how such matters come about, we take advice from the Office of the Attorney General on the appropriate level of penalty into which each...
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: That was passionate advocacy for Senator Norris's position. I expect nothing less. I will explain a few points. First, this is a new offence. It was not an offence in the original 1997 Act. It certainly was not an offence under the amending legislation brought in by the Fianna Fáil-led Government. I regard this as an important issue to create this new offence.
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: This is new, in and of itself. It has to fit somewhere in the pantheon of offences and it has to be determined to be appropriate for that. All these matters are subject to judicial practice on which those much more learned and eminent than me would be best placed to advise.
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: For those reasons, I accept the advice of the Attorney General on these matters. If the Senator reflects further, if someone - he keeps instancing a civil servant - erases information-----
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: -----deliberately, it might be a minor matter.
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: If it is a serious matter, there are consequences beyond the contravention of this Act. There are employment and reputational consequences. If detriment or harm fell upon any third party, there is the possibility of other criminal or civil sanctions.
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: It is not a simple matter, in and of itself. By and large, I am content that the advice of the Attorney General is consistent and needs to be accepted in the context of the Bill. I am intrigued by Senator Norris's reference to the former Minister of State, Mr. Mansergh. I presume the Senator refers to the statute law revision work begun some time ago.
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: Senator Norris will be delighted to hear that the next tranche of that is about to appear before the House in which a number of offences and declarations are being taken off the Statute Book. It is the final tranche of statute law revision, and it includes our declaration of war against Denmark, which we are now ceasing, and our declaration of war against France. I was not aware, but we...
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: One only gets jail if one does not pay the fine. The same would apply here. If one does not pay the fine, one will get jail. However, no jail sentence is set out.
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: They fall into the two categories I have instanced. For example, I do not want to disadvantage commercial State bodies that are operating in competition with non-State bodies. The other category comprises North-South bodies. Surprising and all as it is, capturing them would require a renegotiation of the North-South agreement.
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: I thank Members of the House for their focus on this landmark legislation. Freedom of information is one of the suite of measures that will be transformative of the way we conduct public affairs and, I hope, rebuild a broken trust with the general public. Senators have different opinions on how freedom of information impacts, with some more jaundiced than others. Given international best...
- Seanad: Freedom of Information Bill 2013: Report and Final Stages (2 Oct 2014)
Brendan Howlin: Those listed under section 42 are European and outside our purview.
- Written Answers — Department of Public Expenditure and Reform: Commercial Rates Valuation Process (7 Oct 2014)
Brendan Howlin: The Valuation Act, 2001 provides for the exemption from rates of land that is developed for sport such as playing pitches, land on golf courses, tennis courts, etc. It also provides for the exemption from rates of "Community Halls". To be classified as a Community Hall, the premises needs to be used for purposes which are not for profit or gain and involve participation by inhabitants of...
- Written Answers — Department of Public Expenditure and Reform: Departmental Expenditure (7 Oct 2014)
Brendan Howlin: The allocations involved will be agreed in the context of the Budget 2015 Estimates of Expenditure. These will be made public on Budget Day, Tuesday 14 October.
- Written Answers — Department of Public Expenditure and Reform: IBEC Membership (7 Oct 2014)
Brendan Howlin: In response to the Deputy's question the only State Agency or organisation under the remit of my Department which is a member of IBEC is the Institute of Public Administration and the amounts paid by them to IBEC in the years 2011,2012, 2013 and to date in 2014 is as follows: Year Annual Subscription Fees HRM Guide (Updates) 2011 €3,934.60 €181.50 2012 €3,858.20...