Results 12,641-12,660 of 29,533 for speaker:Brendan Howlin

Written Answers — Department of Public Expenditure and Reform: Public Sector Pensions Issues (2 Oct 2013)

Brendan Howlin: The aggregation of public service pensions for purposes of the Public Service Pension Reduction (PSPR) means that pensioners who have two or more qualifying public service pensions, which have a combined (pre-PSPR) value of over €32,500, have those pensions subjected to PSPR on a combined or aggregated basis, not separately as has previously been the case. I decided that this...

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

Brendan Howlin: Again, I do not agree with giving such an oversight role to the Standards in Public Office Commission. I believe it already has a huge variety of roles. We are also, in the context of the review of the Mahon report, looking at ethics legislation in the round. It is my intention to provide for the consolidation of ethics legislation before the end of this Dáil term. I am happy to...

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

Brendan Howlin: It could be reported to the Joint Committee on Public Service Oversight and Petitions.

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

Brendan Howlin: I am grateful to Senator Zappone and her colleagues for tabling this amendment, which seeks an extension to the Long Title of the Bill. The new elements included in the amendment correspond closely to what is acknowledged as the fundamental objectives which I have set out for this legislation, namely, the promotion of openness, accountability and transparency and the prevention of...

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

Brendan Howlin: I welcome that. The working Title of this legislation from the time of conception, including when published by my party when in Opposition, was the whistleblowing Bill. It has now transformed into a much more banal Protected Disclosures Bill. I am afraid that is the way of the legal drafts people. Some people thought there was a negativity attached to the word "whistleblowing". I...

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

Brendan Howlin: The amendment proposes the insertion of additional subsections into section 21. The latter requires that every public body shall establish and maintain procedures for dealing with protected disclosures. There are two elements to the proposed new subjection (3) put forward by the Senators. The first would require the adoption by public bodies of guidelines pursuant to the operation of the...

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

Brendan Howlin: Section 16(3) states: "A failure to comply with subsection (1) is actionable by the person by whom the protected disclosure was made if that person suffers any loss by reason of the failure to comply." "Actionable" is meant in the normal way of law in that somebody can take legal means to respond to such an action.

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

Brendan Howlin: That is a fair question. I will be honest and tell Members that there was great resistance to section 17 from many quarters. However, there must be a channel that elected representatives of the people should be able to receive information and be, in certain circumstances, a port of call. It was determined that I could include Members of the Dáil in the legislation. Including a wider...

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

Brendan Howlin: I do not have any personal resistance to the issue. In crafting a pool of people to whom people can give information, a unique representative role is entrusted to Members of Dáil Éireann because they are elected directly by the people. They are also, under the Constitution, the authority that holds the Executive to account. There are unique elements to the Dáil that do not...

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

Brendan Howlin: The Senator's first amendment, No. 4, proposes to replace "all reasonable steps" in section 16(1) with the new phrase "reasonable and available measures". Replacing "all reasonable steps", which is what I want, with "reasonable and available steps" actually weakens it because we will have to determine the steps that were available to the person. I believe that is a weakening of the...

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

Brendan Howlin: I will tread carefully and will look forward to the Report Stage debate.

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

Brendan Howlin: I am sorry the amendment is out of order.

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

Brendan Howlin: However, I will talk to it in discussing the section. I will outline the reason the section is in the Bill. Again, it relates to the experience in the United Kingdom and I mentioned it in my speech on Second Stage. It is about the good faith test. There was a good faith test in the original UK legislation. It was expected that somebody who was whistleblowing would act in good faith....

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

Brendan Howlin: I thank the Senator and her colleagues for tabling this important amendment. I referenced the matter on Second Stage. I note that the amendment is long and detailed and it is obvious that a lot of thought has gone into its drafting. In order to be helpful to the House I shall set out the provenance of interim relief in the whole area of whistleblowing legislation. The potential for...

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

Brendan Howlin: While I note the last intervention has absolutely nothing to do with the legislation, I commend the Senator on making his party political broadcast on the issue. What I said was it would be my personal wish that any resources saved were used for that purpose. However, that will not be my decision entirely, although I will have a say in it. It is a matter for the people, in their absolute...

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

Brendan Howlin: I am sure the Acting Chairman discovered relevance when I was arguing my point of view and did not discover it when the good Senator was arguing the contrary point of view. Anyway, I acknowledge the Chair is perfectly balanced and I will move back to the specific amendment. While I will reflect further on the points made, I have the assurance of the Attorney General. Obviously, my...

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

Brendan Howlin: While this section is straightforward, it is important and I am glad it has been raised by the Senator. It provides that a disclosure is made in accordance with this section if it is made by the worker in the course of obtaining legal advice from a barrister, a solicitor or a trade union official. This is because trade union officials often advise on labour law in particular and that would...

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

Brendan Howlin: I have indicated already that I want the best international practice, which is to have a robust all-encompassing definition. The more we narrow it down, the weaker we make it. We will debate the matter on Report Stage in terms of the Companies Acts but I am advised that breaches of the Companies Acts are encompassed in the definition. That was the advice of the Attorney General to me....

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

Brendan Howlin: The point is Senator Zappone provided one specific, but I could give her five more.

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

Brendan Howlin: Yes. Senator Byrne has just given Senator Zappone a further example in respect of the Companies Act. The more we seek to specify, the more often we suggest that such and such is not included. I am telling the House that the advice I have from the Attorney General upon looking at the amendment that Senator Zappone has submitted is that it is encompassed and there is no need to repeat it ar...