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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: I move amendment No. 27:In page 40, between lines 22 and 23, to insert the following:“(3) Subsection (3) shall be construed and have effect so that, in respect of each category of public official set out in this subsection, a code or codes of conduct referred to in subsection (3) shall be drawn up and issued by the following, namely (a) every civil servant and special adviser - by...

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. 28:In page 40, to delete line 29 and substitute the following:“amended, and the public body shall consider any such recommendation,but, in relation to a code of conduct issued by a Committee referred to in subsection (3)(c), there shall not be exercised the power under paragraph (a).”.

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. 29:In page 41, to delete lines 10 to 14 and substitute the following:“(8) A code of conduct under this section may be amended or revoked by—(a) in the case of such a code under subsection (1), the Commissioner, and where such a code is revoked the Commissioner shall draw up and issue a replacement code under that subsection, (b) in the case of such a code...

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. 30:In page 41, between lines 14 and 15, to insert the following:“(9) Subsection (2) applies to the exercise, by the Commissioner, of the power of amendment under subsection (10) or, if the Commissioner exercises the power of revocation under that subsection, the discharge by him or her of the duty under paragraph (a) of that subsection as it applies to the...

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. 31:In page 41, line 29, to delete “the Minister”.

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. 32:In page 41, between lines 31 and 32, to insert the following: “CHAPTER 1 PreliminaryPrincipal provision made by this Part and its relationship to Parts 5 and 6 32. (1) This Part provides—(a) in relation to certain contraventions of this Act, for offences in respect of those contraventions, and (b) in relation to contraventions generally of this Act,...

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

Paschal Donohoe: Is the Deputy suggesting that period should be extended?

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

Paschal Donohoe: If the committee feels that the period might need to be extended, I am open to considering that.

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

Paschal Donohoe: There was a sense that two weeks is a reasonable period for someone to reflect on a gift and decide to make a determination of the value. That is where the 14 days came from. If the Deputy feels there is a case for making that a little longer, I am open to considering it but I would think 14 days is a reasonable timeframe to decide the value of a gift.

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

Paschal Donohoe: Yes, it is.

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

Paschal Donohoe: The Deputy is fine.

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

Paschal Donohoe: I will indeed reflect on it. I think it might be helpful to see this section in light of section 11, which lays out values and guidance in relation to a gift. It says a public official shall not accept a gift which exceeds the value of €600, except, I hasten to add, where the gift is unconnected with the performance of his or her functions. It lays out that a public official "shall...

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

Paschal Donohoe: I take the Deputy's point. It is worth being aware of the countervailing view that public officials should not accept gifts at all. Where this can become challenging is in the case of a person who is abroad performing Government business. Even though it is not a cultural norm or an expectation that if one is abroad representing the Government or the Oireachtas that one would give a gift 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. 33In page 43, to delete line 5 and substitute the following:“(a) contravenes section 38(7)(a) or (b),”. Both SIPO and the Department of Justice and Equality raised concerns with my Department that there might be some provisions in the Bill which are not appropriate for inclusion in the context of Chapter 3, which deals with investigations, and which could...

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

Paschal Donohoe: Exactly, it is a long-held principle that a person accused of a crime who ends up in criminal proceedings has rights. One of those rights is that one cannot previously have been required to share information that could be self-incriminating. In what I hope would be a rare event of this happening, we are amending the section to ensure that the commissioner would not be required to do...

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. 34:In page 43, to delete lines 31 and 32.

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. 35:In page 43, line 36, after "A Person (" to insert "referred to in this Act as".

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. 36:In line 43, line 36, after “another person (” to insert “referred to in this Act as”.

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. 37:In page 43, after line 38, to insert the following:“(2) The reference in subsection (1) to a person’s having contravened this Act shall be deemed to include a reference to his or her having contravened a provision of any other enactment referred to in section 12(4) or (5) and subsequent references in this Part and Part 6 to a contravention of this Act...

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

Paschal Donohoe: Section 34 provides that if the commissioner receives a complaint other than in relation to section 10, that is, the provision on standards of integrity, the commissioner shall make initial inquiries and will dismiss a complaint if he or she is of the opinion that it is frivolous, vexatious or repetitious, that it would be more appropriately dealt with by the Government, that it relates to a...

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