Results 13,381-13,400 of 29,533 for speaker:Brendan Howlin

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: We need to be clear on this issue. Deputy Fleming is talking about two different things. These penalties are for obstructing a proper inquiry. They are not penalties for being a tax defaulter, for example. There is tax law in place to deal with tax defaulters and tax defaulters must be prosecuted through the courts in the normal way. The penalties and the creation of offences here refer...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: There could be a decision within a corporate body to frustrate us and send out various officers of that body to give corroborating, false evidence. That would be an offence by the corporate body itself.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: It would be an offence by every individual who did it but it might not only be an offence by the person who is the witness, if that person was acting on the directions of the board of directors to give false information or to submit false documentation.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: Yes.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: I move amendment No. 44: In page 86, subsection (2), lines 29 to 39, to delete paragraphs (b) to (d) and substitute the following:“(b) the rights and interests of any person affected, (c) the rights and interests of any other person who provided information to the House, (d) the rights and interests of any other person to whom the document relates,”.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: Section 113 contains offences relating to Part 11. Subsection (1) creates the offence of knowingly or recklessly disclosing an official document of the House in breach of the provision of this part. The offence may be committed by any person other than a Member. Subsection (2) makes it an offence for any person to publish an official document that has been disclosed in breach of this part....

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: That would be on conviction or indictment. A fine on conviction would be €5,000 and a conviction on indictment would be €500,000.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: It would be if a person is prosecuted before a jury in the Circuit or High Court.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: Yes. It would have to be an extraordinary breach that would have a catastrophic result or damage. That an act would merit prosecution at that level would be determined by the Director of Public Prosecutions.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: There are categories of offences under the Fines Act 2010.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: Section 2 deals with definitions, including that of an oath, which includes an affirmation. I am informed it is in the Bill but I cannot see it myself. In any event, it is carried by the definition of "oath" in the Interpretations Act.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: I do not know if we can move definitions, as they may appear in certain sections. I agree it is not the easiest to read.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: For many people it is rather important and it means much for a significant number of people to put their hand on the Bible and swear on it. We have all seen cases where people could put their hands on a stack of Bibles and be unaffected but the process is still done in the courts.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: I cannot think of one. The Abbeylara inquiry was a sworn inquiry and it is the norm for tribunals of inquiry. It underscores the seriousness of what is being embarked upon; it is not a conversation but rather formal evidence giving.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: Yes, and one can affirm if he or she has no religious affiliation.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: The person would promise to tell the truth under the Constitution.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: It is an open issue. The committee could determine that for a particular module, all witnesses would be required to swear up, to use a legal term. It underscores the gravity of the matters to be investigated and the testimony being given by somebody. There is levity about the matter but it is important and it is normal in the courts.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: It is a legal imperative and the indication is that a witness before a committee may be required by the committee to give his or her evidence under oath. I presume there is a sanction for somebody who obstructs the process. Part of this would arise from a determination on the quality of evidence, legal representation and costs etc., as well as anything regarded as an obstruction of the work...

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: I am sure there is.

Committee on Finance, Public Expenditure and Reform: Select Sub-Committee on Public Expenditure and Reform: Houses of the Oireachtas (Inquiries, Privileges and Procedures) Bill 2013: Committee Stage (5 Jun 2013)

Brendan Howlin: I will write to the Chairman in advance of Report Stage with the answer to the question.