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Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: Section 1(1) of the Second Schedule to the Ethics in Public Office Act 1995 states:A remunerated trade, profession, employment, vocation or other occupation of the person concerned (other than that of office holder or member or an occupation to which Part IV applies) at any time during the appropriate period, in relation to that person, specified in section 5 (1) or 20 the remuneration from...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: That is from the Ethics in Public Office Act of 1995. It is also in the 2001 Act.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: Yes.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: Excuse me. We may have been at cross-purposes. One has to declare the source of the income-----

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: -----but not the amount. Sorry. I have been speaking at cross-purposes.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: The source of the income will be declarable-----

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: -----but not the amount. I am not trying to dance around. It is important to be clear that income from developing land and land generally is declarable.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: I do not want to mislead the committee.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: The source of the income, yes.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: I ask members to look at subsection (2) which states: "Each of the following sources of income (as distinct from the amount of the income)". That deals with the matter. I was speaking at cross-purposes to Deputy Calleary earlier. I apologise for that. I thought he was referring to the source of income.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: The terminology used in regard to dealing with land has been used in previous Acts. To date, that terminology has worked. If the Deputy has any suggestions on how to improve the wording, I will consider them.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: I am happy to take on board any views that the House has in this regard. I believe the phrase "developing land" is sufficiently specific. If we try to get too granular in terms of what a particular word might mean, we might end up excluding forms of activity that it is the intention of the House to capture. I earlier mentioned the concept of a code of conduct. We must allow a little...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: In order to address the concerns of Deputies D'Arcy and Calleary, I can see if there is another definition of "dealing" or "developing" which we might be able to insert into the Act to deal with this issue. If such a definition is available, I will put that forward on Report Stage. If colleagues have any suggestions, I am happy to consider them. We need to be careful that the language does...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: Sure.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: The commissioner would respond to that declaration and there would be an ability to appoint somebody to do the work or the commissioner could do it him or herself. Section 12 lays out what an ad hocdeclaration is and when it is required. With regard to Deputy Sherlock's point, the legislation defines a relevant matter as a resolution, motion or question. It lays out the fact that, for...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: Yes.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: I have no problem doing so. We will do that.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: I believe I have answered the questions from colleagues. As I said, in terms of understanding how this will work, section 12 is the relevant section.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: I move amendment No. 6:In page 21, line 16, after "paragraph (b)," to insert "the disclosure of".

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Public Sector Standards Bill 2015: Committee Stage (6 Apr 2017)

Paschal Donohoe: That is the case. The subsection, as the Deputy has said, makes reference to travel, accommodation and refreshment provided in the course of performing a public official's functions. It does refer to what the Deputy has laid out.

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