Results 7,301-7,320 of 9,823 for speaker:Thomas Byrne

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Financial Transaction Tax: Discussion with Department of Finance (2 Oct 2013)

Thomas Byrne: That is the Minister's policy on it.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform: Financial Transaction Tax: Discussion with Department of Finance (2 Oct 2013)

Thomas Byrne: I agree with Ms McVeigh about the risks for Ireland and Europe on this. If every major western country introduced the FTT, then I could accept it, but I must say that the Government approach on this - it is a political matter and not for the witnesses - seems to be very lackadaisical. The British seem to be very concerned about the impact this would have on the City of London. We have a...

Seanad: Upward Only Rent (Clauses and Reviews) Bill 2013: Second Stage (2 Oct 2013)

Thomas Byrne: There are differing opinions.

Seanad: Upward Only Rent (Clauses and Reviews) Bill 2013: Second Stage (2 Oct 2013)

Thomas Byrne: I am merely advocating that we do our job, look at problems in society, fix them and where there is division or diversity of legal opinion that it be checked in the normal manner, as has happened on numerous occasions. I commend Senator Quinn on putting this issue on the agenda again - I feared it had fallen off since we proposed our own Private Members' Bill. When we were in Government we...

Seanad: Upward Only Rent (Clauses and Reviews) Bill 2013: Second Stage (2 Oct 2013)

Thomas Byrne: -----whether other interests such as the banks have borne down their will on the Government and won this policy change. That is the only reasonable or rational explanation.

Seanad: Upward Only Rent (Clauses and Reviews) Bill 2013: Second Stage (2 Oct 2013)

Thomas Byrne: I sometimes wonder whether I am in the Supreme Court or in a House of Parliament because Members are debating whether the measure is constitutional, which is not their function.

Seanad: Upward Only Rent (Clauses and Reviews) Bill 2013: Second Stage (2 Oct 2013)

Thomas Byrne: It is not the function of Members to judge the merits or demerits of legislation from a constitutional point of view, particularly where there is divided opinion on the issue. It is clear that opinion is divided on this issue. Each Act of the Oireachtas passed has the presumption of constitutionality. If citizens have concerns, there is a protection in place whereby the President can refer...

Seanad: Upward Only Rent (Clauses and Reviews) Bill 2013: Second Stage (2 Oct 2013)

Thomas Byrne: The issue was that it went too far and favoured a couple making a different decision themselves.

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Thomas Byrne: A number of conditions in section 17 on the disclosure of information relate to Members of Dáil Éireann. Is there any particular reason Members of Seanad Éireann are not entitled to receive that information? They may be in a position to do so.

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Thomas Byrne: I will table an amendment on Report Stage. The Minister needs to think again. The numbers involved are limited. It is not like the UK experience in the House of Lords in which there are an unlimited number of appointees. The Seanad has a limited number of people. Many of us have significant levels of public trust, whether that is across particular sectors as is the case for Senators...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Thomas Byrne: I will put down an amendment on Report Stage. We are creating a new tort in this section, which is positive in the context of the Bill. However, it is relatively unusual for legislation to create new torts - new rights of action in tort. Those of us who studied law will look back on ancient common law where, traditionally, torts are created. Without looking at the demerits or merits of...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Thomas Byrne: Can the Minister explain the reason trade union officials are included in respect of the issue of obtaining legal advice? Is is that the trade union official will be the conduit of that advice or does this pertain not to legal advice but to the general advice one might get from one's shop steward or whatever?

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Thomas Byrne: A breach of Article 101 of the EU treaty which relates to price-fixing may or may not be an offence under Irish law. Perhaps the Minister could reflect on that. It may not be an offence if it is dealt with exclusively at European level. That is only one that I can think of. I realise the 2002 Act criminalises anti-competitive activity but if someone is fined at European level, he or she...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Thomas Byrne: Senator Zappone has touched on an important omission. Matters that do not reach the level of criminality are not necessarily covered by the definition in section 5(3) and criminality may be absent in the case of undue influence being exercised by a public official. What is the position regarding breaches of competition law or Articles 101 and 102 of the EU treaty? While there is specific...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Thomas Byrne: Yes, subject to coming back on Report Stage.

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Thomas Byrne: While I am not objecting to the section, I wish to comment on it. There is an issue concerning the position of volunteers who blow the whistle, particularly in charitable organisations. They are not in the same position as employees as regards monetary compensation, but they may well be important whistleblowers in such an organisation. I have submitted an amendment on them concerning the...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Thomas Byrne: While one cannot be fired as a volunteer, one can be blacklisted or given the cold shoulder. If one were an employee, one could take a case for constructive or unfair dismissal. It is an issue. I will reflect on what the Minister has said before I come back on Report Stage. There are many major charitable organisations, including Leader companies, which have voluntary directors. They...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Thomas Byrne: I have submitted 14 amendments. However, we do not have enough time, so they will be tabled on Report Stage and we will revert to them. I must mention them on Committee Stage. One relates to this section.

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Thomas Byrne: I am just saying this in case anyone believes that we did not table amendments. The Minister will recall a commitment under the programme for Government on two-week gaps between Stages. In this case, we have not even had a week. It creates pressures. There are not many amendments, but they are useful. I suggest that there would have been more had the Government stuck to the programme for...

Seanad: Protected Disclosures Bill 2013: Committee Stage (1 Oct 2013)

Thomas Byrne: The standard procedure is to identify the following Tuesday, for example, but that was not done. I could have objected to the Order of Business, but I did not. Quite frankly, there is no other business on the agenda for this afternoon. One of my Report Stage amendments - they are on record in the Bills Office - is to include a two-year review in addition to the five-year review under...