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Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: So it applies in very serious cases. It is not set out that there shall be an absolute-----

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: One might have trivial stuff.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: There could be trivial stuff. What is interesting is that section 91 refers to the death of a person in Garda custody. The Minister just said that some of us might not be happy with these amendments because they would prevent people from coming to us. I am speaking for myself. I have heard about different issues from other Members. Since all these issues arose concerning the file...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: I am not mentioning any names. I considered it carefully and passed it directly to the Taoiseach because he seemed to be the man taking charge of these issues. He bypassed the Department of Justice and Equality as far back as then, even though he only did it formally last week. I received an acknowledgement. The family wanted to make a complaint about the death of the family member in...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: I have sent details of the complaint to the Taoiseach. Due to the fact that the Minister is willing to look at the wording of amendment No. 19, I have specific questions which I will pass on for now.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: A Minister said that.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: I refer the Minister to the rest of his amendment. It is very simple - we have to get rid of the word "if". The Minister can agree to prescribe the commission. If he has not yet decided on all the bodies that could be recipients and he has to prescribe them in some way by regulation under section 7, this issue will not be dealt with for the likes of Sergeant McCabe or any other such...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: In my view, this is the key issue for this legislation, as evidenced by the three amendments I have submitted on section 19. I do not have a copy of the speech I made on Second Stage, but I strongly opposed section 19 at the time because it removed whistleblower protection from members of An Garda Síochána and attempted to create a separate procedure which involved regulations...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: Physically and logically. The Minister will understand that I wanted to understand the sequence in respect of what will happen to my amendments depending on how the others are dealt with. We are ready to roll.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: I suspect the Minister should actually have referred to amendments Nos. 10 and 11.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: To clarify, if the Minister's amendment No. 18 is passed, does it mean I cannot move my amendment No. 19, which the Acting Chairman has described as a logical alternative?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: If amendment No. 18 is agreed to, may I move amendments Nos. 20 and 22, which the Vice Chairman referred to as physical alternatives?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: In other words, if amendment No. 18 is agreed to, my amendments Nos. 18, 20 and 22 are gone?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: I move amendment No. 1: In page 5, between lines 23 and 24, to insert the following:“3. The Ombudsman shall, not later than 12 months after the enactment of this Act and each year thereafter, carry out a review of the protected disclosure process following which he or she shall, issue a report to the Minister on the said process as to whether or not the process is found to be operating...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Seán Fleming: I will come back with a revised amendment on Report Stage which will perhaps suggest a three-year review. I accept that one year is a bit short, but five years is a bit long.

Other Questions: Health Insurance Regulation (14 May 2014)

Seán Fleming: 57. To ask the Minister for Health his plans for the VHI; and if he will make a statement on the matter. [21262/14]

Written Answers — Department of Health: Medical Card Administration (14 May 2014)

Seán Fleming: 43. To ask the Minister for Health the number of medical cards the Health Service Executive expects there to be in circulation at the end of 2014; and if he will make a statement on the matter. [21263/14]

Written Answers — Department of Education and Skills: School Transport Administration (14 May 2014)

Seán Fleming: 81. To ask the Minister for Education and Skills if his Department officials are aware of any EU law or Irish regulations that have not been complied with since 18 July 2007 by his Department regarding the administration of the school transport scheme; and if so, if he will specify what they are and the action he will take on the matter. [21703/14]

Written Answers — Department of Education and Skills: School Transport Administration (14 May 2014)

Seán Fleming: 83. To ask the Minister for Education and Skills if he will correct his press release regarding the FGS Report 2009, which states that the review notes and acknowledges that Bus Éireann has clearly applied the accounting arrangements for the scheme since 1975' in view of the fact that Bus Éireann was unable to give verifiable documentation to validate charges purported to be made...

Written Answers — Department of Education and Skills: School Transport Administration (14 May 2014)

Seán Fleming: 84. To ask the Minister for Education and Skills further to Parliamentary Question No. 181 of 11 February 2014, regarding the maintenance charge of €23,000 per bus per year which are over five times higher than the equivalent charges for school transport in Northern Ireland, if he will immediately claw back all money paid to Bus Éireann under unlawful state aid rules in view of...

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