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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...

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

Thomas Byrne: I apologise to the Cathaoirleach for standing before he invited me to speak. I will table my amendment on Report Stage, but I suggest that the Minister reconsider this issue, given the danger involved. I do not suggest that it would be due to him. I hope that the situation is changing in the public service, but reviews have been conducted previously. Sometimes, they involved joint...

Seanad: Adjournment Matters: Broadband Services Provision (26 Sep 2013)

Thomas Byrne: I am pleased with the Minister's positive statement. The school was slightly aware of what was going on but those involved felt everything was proceeding slowly. I take comfort from the Minister's comments that broadband will be provided in Lismullen school shortly and I am encouraged by what he said. There are other two schools I would like to check, one of which is Scoil Ultain Naofa in...

Seanad: Adjournment Matters: Broadband Services Provision (26 Sep 2013)

Thomas Byrne: Gabhaim buíochas leis an gCathaoirleach as ucht an deis seo a thabhairt dom an t-ábhar tábhachtach seo a ardú ar an Athló inniu. I thank the Minister for Education and Skills, Deputy Quinn, for taking the Adjournment debate. I listened with interest to the debate. He has taken a very progressive approach to the issue of bullying. I was contacted about the...

Seanad: Adjournment Matters: Broadband Services Provision (26 Sep 2013)

Thomas Byrne: The schools are located in isolated areas. The businesses are suffering but there are just a few of them.

Seanad: Protected Disclosures Bill 2013: Second Stage (25 Sep 2013)

Thomas Byrne: I welcome the Minister to the House. Once again the Government, which so despises the Seanad, is using it to introduce legislation and I am glad the Minister is doing so. He has often done so. This year the Minister for Jobs, Enterprise and Innovation, Deputy Richard Bruton, introduced all of his Bills in the Seanad rather than the Dáil in the first instance.

Seanad: Protected Disclosures Bill 2013: Second Stage (25 Sep 2013)

Thomas Byrne: He clearly does. Unfortunately the US spin doctors he employs are coming up with all types of slogans and lies from Fox News with Glenn Beck-style blackboards. He has given in for the sake of good government. It is not in Deputy Bruton's better nature to be at the type of activity he is at. He has been forced to do it by the Taoiseach as far as I can see. It is a pity the Taoiseach does...

Seanad: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act (Commencement) Order 2013: Statements (24 Sep 2013)

Thomas Byrne: No, they were not. I refused to facilitate those types of transfers.

Seanad: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act (Commencement) Order 2013: Statements (24 Sep 2013)

Thomas Byrne: I thank the Chair for his admonition at the start of this debate. It is important we adhere to that and that we also maintain complete fairness and impartiality in regard to this inquiry. Fianna Fáil is looking forward to this inquiry. Towards the end of the previous Government, I as a backbencher called for such an inquiry. While I welcomed the establishment of the Nyberg...

Seanad: Order of Business (24 Sep 2013)

Thomas Byrne: If pairing arrangements were discontinued no legislation would be passed. The Minister should be aware of that.

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