Results 24,381-24,400 of 32,961 for speaker:Paschal Donohoe

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

Paschal Donohoe: It involves oaths and admissions. It lays down clearly - it refers to the High Court.

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

Paschal Donohoe: I will deal with the first question, the relevant rules of the court relating to evidence and proceedings of the High Court will apply, with any required modifications. While it is not judicial, subsection (7) makes clear that the rules of the High Court in respect of evidence will apply.

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

Paschal Donohoe: We are not envisaging at the moment that the person is a judge but the rules and the way it is laid out make clear that it will be of a very high standard. In answer to the second question on whether it could lead to a criminal investigation, the answer is "Yes".

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

Paschal Donohoe: We have to have somebody who will determine whether the law is being infringed. I do not see in what we have outlined here how the rights of the individual in respect of the presumption of innocence are infringed.

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

Paschal Donohoe: No, it is possible that a criminal investigation could start. I did not say one would start. For example, there is a provision later in the Bill about fines being applied in this area, they are referred to as fixed charge notices, but the possibility of that happening is laid out in the Bill. There is also a more likely mechanism where, for example, the standards commissioner would write...

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

Paschal Donohoe: It could be. It lays out there "to present his or her case in person or through a legal or other representative,".so it could be legal.

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. 45:In page 53, line 30, to delete “witness” and substitute “person”.

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. 46:

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. 47:In page 54, line 2, to delete “an investigation officer or”.

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. 48:In page 54, lines 5 and 6, to delete “an investigation officer or”.

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. 49:In page 54, line 6, to delete “Chapter 3or 4, or” and substitute “Chapter 4,”.

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. 50:

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

Paschal Donohoe: Section 42 makes reference to the status of privilege. Subsection (1) provides for the absolute privilege of documents and reports of the commissioner, deputy commissioner, an authorised official or an investigation officer, wherever published. Statements made at meetings or sittings for inquiries or investigations by the commissioner, deputy commissioner and an authorised official or an...

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

Paschal Donohoe: That would mean that the privilege extended to a Member of the Oireachtas which, as I understand it, means that they cannot or should not say anything that would trigger legal action against them, would also be extended to the work of the commissioner or deputy commissioner. That might apply for example in respect of dealing with a matter that does not concern a Member of the Oireachtas, it...

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

Paschal Donohoe: We will do that in the next day or two.

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

Paschal Donohoe: I understood that what was requested was that if the Bill were to be enacted, the kinds of briefings that the Standards in Public Office Commission, SIPO, has performed in the past would continue to be available. I am sure they would be.

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

Paschal Donohoe: Of course.

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

Paschal Donohoe: Yes. We will do that. The matter for me to reflect on is whether the preliminary inquiry section of the Bill can be used to deliver our objective and address some of the points made there. I also gather that members want a reference to medical services that includes psychological or psychiatric ones. That is a particularly important point that I shall consider.

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

Paschal Donohoe: We will look at it but I believe that is not the case. We will certainly consider the matter and furnish information. We will furnish information on another matter. We will provide a consolidated table that compares where we are now with where we will be after the Bill is implemented. We will do so using each of the officials required in the legislation. It is difficult to explain the...

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

Paschal Donohoe: I shall provide the comparison table for our next meeting. At the start of the meeting I can explain how the scheme works, which will make a big difference to helping everyone to understand the Bill.