Results 7,701-7,720 of 13,254 for speaker:Seán Sherlock

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

Seán Sherlock: The Minister is upholding a long-held principle in law.

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

Seán Sherlock: That is fair enough.

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

Seán Sherlock: I have a difficulty sometimes in understanding parliamentary legal language. The provision to the effect that the identity of the person making the complaint is not disclosed is fine, as is the provision that it relates to a private matter and is unrelated to the functions of the respondent. However, will the Minister explain the provision that "it relates in substance to a period when the...

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

Seán Sherlock: That is fine.

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

Seán Sherlock: Is everything on foot of a complaint?

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

Seán Sherlock: What I am confused about is the use of inverted commas in section 36(2)(a), which refers to the commissioner, "where he or she is of the opinion that there may have been a contravention of this Act( a "suspected contravention")". Why are the words "suspected contravention" in inverted commas?

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

Seán Sherlock: As a suspected contravention?

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

Seán Sherlock: Deputy D'Arcy is ad idemwith the Minister?

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

Seán Sherlock: I thought that the Deputy said he opposed the Minister.

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

Seán Sherlock: I have a comment also.

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

Seán Sherlock: Presumably we must follow the paper trail. To go back to first principles again on section 36(2) (a), which states, "the matter concerned is one in respect of which no complaint has been made to the Commissioner". The commissioner acts on the basis of a suspected contravention-----

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

Seán Sherlock: -----but that is on the basis of submissions that have been made where the public official has been through an informal process in engaging with the officials within the Standards in Public Office Commission, SIPO. It is only after a long period and informal engagement, and a lack of satisfaction on the part of the commissioner, that the commissioner can suggest - not make a finding - that...

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

Seán Sherlock: Is the preliminary inquiry held before it hits the fan, so to speak?

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

Seán Sherlock: The one point here is that the Minister is empowering the deputy commissioner to appoint an investigation officer that shall be appointed for such period as the deputy commissioner may determine, shall be paid such fees and expenses as the deputy commissioner may, with the consent of the Minister, from time to time determine, may resign at any time, shall hold office on such other terms and...

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

Seán Sherlock: I apologise.

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

Seán Sherlock: The wording is clear. I apologise to the Minister. Section 37(1) states, "one or more members of staff of the Office of the Commissioner may be the subject of such an appointment".

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

Seán Sherlock: The investigation officer can enter and "search any premises in or at which the officer has reasonable grounds for believing there may be found any document or thing relevant to an investigation being conducted under this Chapter and may seize and remove any document or thing so relevant that he or she finds in or at the premises." If this power is being conferred on the deputy commissioner,...

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

Seán Sherlock: I am not saying that at all and do not want to be associated with that comment.

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

Seán Sherlock: I do not want to be associated with that comment because I am not saying that. I just want a deeper understanding of the dynamic that is at play here in relation to the power of the deputy commissioner and his or her staff.

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

Seán Sherlock: Yes, but what is inherent in the legislation is that the commissioner has the powers and the power to appoint a deputy commissioner. Whether or not the investigation officer proceeds by virtue of an appointment internally by the deputy commissioner or the commissioner, the commissioner can still do what is outlined anyway. What is pertinent here is that the legislation provides for entering...