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Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I am grateful to the Minister for accepting the amendments and to my colleague, Senator Zappone, for formally seconding them.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I second the amendment.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: These amendments are very important. There is a class of wrongdoing that does not rise to the level of criminal that needs to be included but has not been included in this legislation. I give some examples in amendment No. 9 in regard to the Companies Acts or the Competition Acts in that a breach of the Competition Act can be criminal but is not always criminal. I want to give the...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: If I may briefly respond, I am certain that the type of wrongdoing I mentioned, which is a grey area, namely, where the tuck shop profits are being used to pay for a chief executive's salary, possibly in breach of pay guidelines, is not covered by this legislation. If someone were to squeal about that, it is not covered. The Minister's argument about specifying things is correct except that...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I will not press this one.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I second the amendment.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I move amendment No. 9: In page 9, between lines 28 and 29, to insert the following: “(i) that the Companies Acts have been or are likely to be breached, (j) that the Competition Acts or Articles 101-102 of the Treaty on the Functioning of the European Union have been or are likely to be breached.”.I would like the Minister to confirm that he has got advice that non-criminal...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I am pressing the amendment.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I move amendment No. 5: In page 8, between lines 14 and 15, to insert the following:“(e) works on a voluntary basis, as a volunteer for no pay,”.I have tabled my amendment in order to include volunteers in the legislation. When I spoke on Committee Stage I was particularly thinking of charitable organisations who may need protected disclosures. They may have volunteers who are...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I am satisfied with the Minister's response and acknowledge that the matter was dealt with in the Regulatory Impact Analysis. It is important to highlight that protected disclosure may be an issue. Having listened to the Minister's response I have decided to withdraw my amendment.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I move amendment No. 6: In page 8, between lines 26 and 27, to insert the following:“(iv) any office holder of state under the Constitution of Ireland or member of Dáil Éireann or Seanad Éireann,”.I do not expect the Minister to accept my amendment and shall not press it. However, I tabled my amendment because I wanted to highlight an issue. The Bill is about...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I wholly accept the Minister's reasoning. I tabled my amendment even though I knew how he would respond in the way he has and I did not expect him to accept the amendment. I shall outline the simple purpose behind it. Despite all of the tribunals, there is no protection afforded to an elected person who discovers wrongdoing that might disadvantage his or her party and, as a consequence,...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I move amendment No. 7: In page 9, line 21, to delete “other public money” and substitute the following:“other public money or any money belonging to a charity registered or operating in the State”.I need a minute. I suggest that Senator Zappone skips ahead and makes her contribution.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I shall speak as the seconder of Senator Zappone's next amendment. She tabled amendment No. 9.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: She can discuss and scrutinise it now.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I move amendment No. 2: In page 5, line 20, to delete “the period of 5 years” and substitute “each of the periods of 2 years and five years”.I hope Senator Zappone will reciprocate in due course and second the amendment because my colleagues are otherwise engaged. In fairness, the lobby for immigration reform is meeting Members in the House today and I gather that...

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I move amendment No. 3: In page 5, line 23, to delete “that period” and substitute “those periods”.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I move amendment No. 4: In page 7, between lines 22 and 23, to insert the following: “(j) an educational establishment.”.I wondered when I put down this amendment whether other types of educational establishments which are defined in the Act already should be considered public bodies within the definition. Institutions of higher education are included but schools etc. are not....

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: It is defined in the act.

Seanad: Protected Disclosures Bill 2013: Report and Final Stages (20 Nov 2013)

Thomas Byrne: I am satisfied with that. I knew about the Labour Relations Commission involvement and I am pleased to hear that the Department of Education and Skills will be involved as well. That is important because the education system is a major part of the State and there is occasionally potential for wrongdoing in the educational system. We saw in the House when disclosures were made about...

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