Results 10,521-10,540 of 29,533 for speaker:Brendan Howlin

Written Answers — Department of Public Expenditure and Reform: National Monuments (3 Jul 2014)

Brendan Howlin: I am advised by the Commissioners of Public Works that due to ongoing concerns regarding the safety of the embankment along this section of the Canal Walk this area is being closely monitored by the Engineering Services of the OPW and their engineering colleagues at Kilkenny Co Co. While some minimal soil movement was detected it is now considered safe to remove the barriers/hoarding from...

Written Answers — Department of Public Expenditure and Reform: Departmental Staff Redeployment (2 Jul 2014)

Brendan Howlin: There are no formal arrangements in place within the Civil Service to facilitate requests for transfers to other locations/employments, except in the case of grades represented by the Civil & Public Services Union. Transfers for these grades (mostly Clerical and Staff Officers) are arranged in accordance with formal procedures agreed with the Staff Side at General Council under the...

Seanad: Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages (1 Jul 2014)

Brendan Howlin: I thank Senators. We did our business expeditiously today, but we held a long debate when the Bill was before the House in the first instance, when useful and thoughtful suggestions were made, which I appreciate. The legislation that has been enacted is innovative in international terms. I presented on this Bill at the Open Government Partnership forum in London recently. It is regarded as...

Seanad: Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages (1 Jul 2014)

Brendan Howlin: The whole purpose of this legislation from the start was to have overarching legislation that captures everybody, both public and private, without distinction. All the banks will be covered by this legislation, whether their majority shareholding is in State hands or in private hands. There will be no distinction between the capacity of a whistleblower in Bank of Ireland, AIB or in any...

Seanad: Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages (1 Jul 2014)

Brendan Howlin: Senators will recall we had a debate on interim relief in this House. I accepted an amendment in this House to have interim relief which is new for breaches of labour law. This is sitting into the suite of labour law. The time limit for seeking interim relief in the Bill passed by the Seanad was set at seven days. It was put to me subsequently that in practice it is likely to take longer...

Seanad: Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages (1 Jul 2014)

Brendan Howlin: This is a minor technical amendment to the first line on page 21 to correct a typographic error.

Seanad: Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages (1 Jul 2014)

Brendan Howlin: These are technical amendments necessitated by recent legislative developments. Amendment No. 41 removes the reference to the Labour Services Act and amendment No. 42 inserts a provision for the amendment of the Further Education and Training Act 2013. As other legislation has overtaken us, I am correcting it to ensure it is up to date.

Seanad: Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages (1 Jul 2014)

Brendan Howlin: This group of amendments relates to the very constructive and helpful debate on the Bill that took place in this and in the other House. The specific proposals concern the case that the Minister should issue guidelines to public bodies setting out the matters which their internal procedures should address to ensure consistency across public bodies - Members will recall that Senators raised...

Seanad: Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages (1 Jul 2014)

Brendan Howlin: It is the intention to mainstream the Garda Síochána. A reporting body for every body must be set out. Within a company, it would be the management, before they can disclose externally, and the same will apply to the Garda Síochána. While GSOC is a designated recipient of complaints, it would be possible for a member of the Garda Síochána to make an external...

Seanad: Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages (1 Jul 2014)

Brendan Howlin: Amendments Nos. 26 and 27 relate to an important issue at the core of the Bill which was of concern in both Houses, namely, the protection of the identity of whistleblowers. Having considered the arguments put to me in both Houses, I carefully considered this matter and consulted widely with the Attorney General. The amendments before us seek, as much as possible, consistent with the...

Seanad: Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages (1 Jul 2014)

Brendan Howlin: The amendment deletes section 10(3)(d) of the Bill originally passed by the House. Section 10 sets out the circumstances under which a disclosure made to a person other than an employer, a prescribed person or a Minister - what we have classified as an external disclosure - will attract the protections of the legislation. One of the circumstances listed is that "in all the circumstances of...

Seanad: Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages (1 Jul 2014)

Brendan Howlin: The amendment does not relate to that; it relates to a disclosure to somebody outside the company. It is being made to ensure the reasonableness requirement is not an obstacle to that. With regard to the Senator's question, it is possible to report to a line manager and not necessarily the most senior manager and to have full protection under the legislation.

Seanad: Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages (1 Jul 2014)

Brendan Howlin: This relates to the issue raised regarding An Garda Síochána. The group of amendments provides for what can be termed the "mainstreaming" of the Garda for the purposes of the Bill. The combined effect of the amendments is to ensure members of the Garda will be subject to this legislation in the same way as any other worker. In addition, the particular arrangement relating to the...

Seanad: Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages (1 Jul 2014)

Brendan Howlin: The amendments in this group are very important in providing clarity on the definitions of "employee" and "employer" and that part of the definition of "worker" relating to contractors. I will discuss each amendment in turn. The original Bill contained quite convoluted definitions and I have sought, with the help of the Parliamentary Counsel, to produce clearer and more user-friendly...

Seanad: Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages (1 Jul 2014)

Brendan Howlin: That will come later on.

Seanad: Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages (1 Jul 2014)

Brendan Howlin: Amendment No. 7 provides greater legal certainty that a disclosure made prior to the enactment of this legislation can qualify as a protected disclosure provided that penalisation or detriment is continuing after the enactment of the Bill. This makes the provision contained in section 5(9) of the Bill no longer necessary, and amendment No. 9, therefore, deletes that section of the Bill. In...

Seanad: Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages (1 Jul 2014)

Brendan Howlin: These amendments provide clarification in respect of the circumstances in which advice from a solicitor or trade union official on legal matters constitutes legal advice. The Office of the Attorney General endorsed the proposal that a text in parentheses should be included in the provision to make clear that legal advice extends to advice on the operation of the protected disclosures regime....

Seanad: Protected Disclosures Bill 2014: [Seanad Bill amended by the Dáil] Report and Final Stages (1 Jul 2014)

Brendan Howlin: We had a very useful discussion on this important Bill when I was last here and that continued in the other House. I have reflected on many of the very positive suggestions made in the House and crafted amendments accordingly. We are dealing with group 1 and amendment No. 1 in particular, the text of which reads: In page 5, line 19, "not later than the end of the period of 5 years" deleted...

Written Answers — Department of Public Expenditure and Reform: Commercial Rates Valuation Process (1 Jul 2014)

Brendan Howlin: It is important to acknowledge that commercial rates, as a source of revenue, and the rating system generally, are deeply embedded in the local government system. Rates income is a very important contribution to the cost of services provided by local authorities such as roads, public lighting, development control, parks and open spaces.  All rates collected within a local authority area...

Written Answers — Department of Public Expenditure and Reform: Public Procurement Contracts (1 Jul 2014)

Brendan Howlin: In relation to the general issue of employment law and its enforcement, these are matters for my colleague Mr. Richard Bruton, T. D. Minister for Jobs, Enterprise and Innovation and the National Employment Rights Authority (NERA) respectively. Public procurement procedures require applicants to meet certain standards when applying for public contracts.  The criteria upon which...