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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: The main part that is new here is section 15(3), which concerns the period of two years after the expiry of that term of office. This has been prompted by a recommendation from the Mahon tribunal.

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

Paschal Donohoe: Section 15(2) refers to a development plan. If people had a piece of land that was the subject of a development plan and subject to a decision in respect of a variation of a development plan, which is captured in section 15(2)(ii), they would not be allowed to dispose of that land or indeed purchase it for a period of two years after the expiry of their term as a local authority member.

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 believe it does but I can check and come back to the Deputy because it is pretty clear that the subsection refers to local authority members. I can revert to the Deputy but as the Bill is drafted, it just refers to local authority members.

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

Paschal Donohoe: Is that in terms of any change that could be occurring?

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

Paschal Donohoe: We can do that. Do members think the inclusion of a spouse or family member should be looked at?

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. 13:In page 29, line 36, to delete “the 6” and substitute “than 6”.

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. 14:In page 30, between lines 32 and 33, to insert the following:“(9) The obligation under subsection (2) or (3) shall not apply in relation to the year following the year in which the person concerned ceases to be a Category A public official (or in relation to any subsequent year in which he or she continues to be no longer such an official).”. I am...

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

Paschal Donohoe: The amendment refers to both the format and means. The term "format" relates to doing it electronically, while that of "means" refers to the method of access. I can certainly consider that point. As the law is currently drafted, one has to either provide a tax clearance certificate or indicate to the Revenue Commissioners that one is getting one's affairs in order and is likely to be able...

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

Paschal Donohoe: Section 17 sets out the requirement for tax compliance regarding proposed judicial appointments and certain other appointments. Subsection (1) provides that the Judicial Appointments Advisory Board will not recommend a person to the Minister unless that individual has furnished to the board both a tax clearance certificate or a declaration - not more than one month before the relevant date -...

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

Paschal Donohoe: We are only seeking to make this consistent with existing legislation in this area, namely, the Courts and Court Officers Act 1995. We are simply looking for tax clearance certificates here. My understanding is that there is no change from how things are at present in respect of the 18-month requirement but I will come back to the Deputy on that.

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

Paschal Donohoe: They are not included under the broader Ethics in Public Office Act because of their constitutional independence. If we were to go any further in this Bill in extending to judges the requirements to which a Member of the Oireachtas is subject it could be inconsistent with their status within the Constitution. We are looking to deal with this separately through the establishment of a...

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

Paschal Donohoe: Yes, but within that space the issues being raised here will be dealt with by the establishment of a judicial council.

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. 15:In page 33, between lines 24 and 25, to insert the following:"(7) Subsection (8)applies to the format in which, and the means whereby, all or any of the following are to be issued or furnished, namely—(a) any certificate or statement referred to in this section is to be issued by the Collector-General, (b) any certificate, declaration or statement referred to...

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. 16:In page 34, line 18, to delete "section 8" and substitute "section 8" ".

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

Paschal Donohoe: This lays out the need to provide a declaration of interests. It refers to the different categories of officials that we referred to earlier and how they are to make their declarations. It instructs officials to be compliant with the Bill and lays out how.

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

Paschal Donohoe: Section 22 of the Bill refers to the commitments that a category C public official would have which we defined in an earlier part of the Bill.

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. 17:In page 36, line 21, after "format" to insert "in which".

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

Paschal Donohoe: Section 24 provides for the retention of statements and matters concerning legal or medical services. Subsection (1) provides that a statement of declarable interests or a statement of ad hocdisclosures will be retained by the relevant person who receives it for 15 years, and that it or a copy of it will be furnished to the commissioner whenever it is requested by the commissioner....

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

Paschal Donohoe: It means that where somebody receives statements and matters concerning legal or medical services, the sections of the Bill will apply to it. In terms of legal services, that is quite clear where it is, for example, legal advice that might have a monetary value. It is important that it would be declarable or available to be declared. In relation to medical services, currently the 1995 Act...

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

Paschal Donohoe: I will reflect on it. I can see clearly the legal piece. I note I am not currently being asked to change it but I will have a look at it. I will reflect on the reference here to psychiatric or psychological services. Even if it is anchored in other legislation, we think about these matters in different ways now to how we did a number of years ago. It is a fair point.

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