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

Seán Sherlock: I accept the changes and the motivation. Would it be possible for a report to be laid before the Houses of the Oireachtas, perhaps annually? I do not want to anonymise the efforts but I am referring to a report stating publicly the number of cases that have been investigated or where these powers have been used. In that way we would have a sense of how this new legislation will take shape....

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

Seán Sherlock: Okay.

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

Seán Sherlock: I said "anonymise". I did not say we should publicly name people.

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

Seán Sherlock: The presumption is innocence. We have to vindicate a person's good name as well. I do not believe any of us are against this legislation but we want to make sure that sufficient checks and balances are built into the investigatory powers provisions to ensure that nobody acts in a nefarious fashion to bring somebody down, so to speak, in a malevolent way. We want to make sure that the...

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 semantic question. Section 39(1)(a) states "consider the evidence (including documents or other things)". What is that?

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

Seán Sherlock: I thank the Minister.

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

Seán Sherlock: Is this a semi or quasi-judicial process?

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

Seán Sherlock: Are the contents of that section similar to criminal proceedings per sein common law?

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

Seán Sherlock: It is judicial.

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

Seán Sherlock: On section 40(13)(c), which refers to "enabling the person, the subject of the investigation, and complainant (if any) or a person representing the complainant to be present at the relevant sitting", does that mean legal representation?

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

Seán Sherlock: I just wanted to get that on the record.

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

Seán Sherlock: I understand what privilege means in the context of the Houses of the Oireachtas. Can the Minister please explain what it means in layman's terms for the purposes of this section?

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

Seán Sherlock: Yes.

Committee on Public Petitions: Decisions on Public Petitions Received (5 Apr 2017)

Seán Sherlock: We are now in public session. Petition No. 24/16 from Mr. Thomas Mackey is on the criteria used to qualify for a primary medical certificate. It is proposed that we invite the Minister of State with responsibility for disability issues, Deputy Finian McGrath, to appear before the committee to discuss the issues raised in the petition. Is that agreed? Agreed. The next petition for...

Committee on Public Petitions: Decisions on Public Petitions Received (5 Apr 2017)

Seán Sherlock: I concur with the Deputy. Once we have issued the invitation to the Department and State Examinations Commission, it may be a good idea to invite Ms O'Sullivan to appear before the committee, subject to her school schedule. We can consider that issue.

Committee on Public Petitions: Decisions on Public Petitions Received (5 Apr 2017)

Seán Sherlock: That is agreed. It is proposed to continue our deliberations in private session.

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Banking Sector: Quarterly Engagement with Central Bank of Ireland (4 Apr 2017)

Seán Sherlock: I, too, welcome the Governor and his colleagues here today. I want to focus on the tracker mortgages issue. The update of the Central Bank of Ireland's Examination of Tracker Mortgages-related Issues 2017 paper was quite comprehensive and assisted us in getting a deeper understanding of where the Central Bank is in terms of examining this issue. However, where individuals made complaints...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Banking Sector: Quarterly Engagement with Central Bank of Ireland (4 Apr 2017)

Seán Sherlock: It must be acknowledged that the Financial Services Ombudsman is very proactive on this issue and has engaged with us on this. I want to look at one of the thematic areas, namely, data protection. This should be apparent to the Central Bank at this stage but I want to get the bank's assessment of this. In the bank's examinations to date, has it found that there are glaring gaps in how data...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Banking Sector: Quarterly Engagement with Central Bank of Ireland (4 Apr 2017)

Seán Sherlock: When looking at this matter, one's instinct is to think that there should be a robust consumer protection entity that is separate from the Central Bank. In other words, it should be decoupled because there is a resources issue. If it is necessary to examine 2 million accounts, presumably microscopically, that gives rise to questions as to whether there should be a separate entity to speak...

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach: Banking Sector: Quarterly Engagement with Central Bank of Ireland (4 Apr 2017)

Seán Sherlock: On the issue of criminal prosecution, to which reference is made in the comprehensive review to which I referred earlier, there are specific powers in respect of the bank's obligations under section 33AK of the Central Bank Act 1942. Has the bank referred or reported to the Garda any aspect of its examination of tracker mortgages?

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