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Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: To clarify matters, we are not amending section 91 of the Garda Síochána Bill.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: Correct.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: In a case of death.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: One would not capture-----

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: It could be a complaint about sick leave.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: I do not think that is-----

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: I will check that for the Deputy.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: It would help the flow of the debate if I could answer those questions first, or I will lose track.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: I am in the hands of the committee. I just thought I would be able to do this. If I lose anything, members can come back to me.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: That is the investigation procedure GSOC already applies.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: That applies to the investigation, not the making of the disclosure or the protections that flow from it. I apologise. I should not be answering questions yet.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: I will deal with those matters first as they are the simplest ones to deal with. The public interest reference relates to the investigation by GSOC of a complaint it receives where it appears to that body to be in the public interest to carry one out. That is the way it deals with complaints. The reference I have made to the public interest refers to affording the protections under the...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: The Deputy was quoting somebody else, but I am mindful of what Mr. Guerin said about GSOC. If it is going to be the recipient for this, we must all be confident that it is the right place and that it is properly equipped and structured to do the job. That is another day's work. I agree strongly with Deputy Fleming that crafting the legislation does not mean the job is done. The other...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: Then what?

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: Physically and practically.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: I move amendment No. 10: In page 12, line 21, to delete “(f)” and substitute “(e)”.These amendments go to the heart of the changes we want to make. At the conclusion of the Second Stage debate, I indicated that work involving officials from my Department and their counterparts from the Department of Justice and Equality was under way in order to determine how best...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: I did.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: Yes, it should be Nos. 10 and 11. As I was saying, I am of the view that it would be of assistance if I began by addressing amendment No. 18. This amendment will bring to an end the separate arrangements put in place in the Garda Síochána Act in respect of members of the force. Amendment No. 18 relates to section 19 of the Bill as it currently stands. As originally envisaged,...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: They are very expert in the law and, in fact, the advice I have from the Office of the Attorney General is that their advice actually does constitute legal advice. That is probably also true in respect of what the Deputy does in her clinics, which is something for us all to think about from our own perspectives.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Protected Disclosures Bill 2013: Committee Stage (14 May 2014)

Brendan Howlin: That is what I intend to examine. I do not want to disadvantage workers who go to their trade union for advice which falls into the legal definition of legal advice but is not formally catered for in the Bill. Deputy McDonald's amendment No. 6 would exclude trade union representatives from giving such advice because it would not be captured in the definition. The Deputy proposes to remedy...

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