Results 14,101-14,120 of 21,206 for speaker:Mary Lou McDonald

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

Mary Lou McDonald: That is right. I thank the Minister for that.

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

Mary Lou McDonald: I think everybody is of one mind on this issue. I think this has been the case for the past number of months, although it was belated in respect of Sergeant McCabe and former Garda John Wilson. We can find ourselves in a situation in which GSOC needs to be strengthened. That is not within the gift of this committee - or, indeed, the Minister - so it places us in a slightly unusual position...

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

Mary Lou McDonald: The point I wish to make has not been made.

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

Mary Lou McDonald: The Minister might deal with the concern about the conditionality explicit in the legislation, step by step, where somebody comes forward. What will happen? The point I want to raise is related but slightly different. The Minister has said one of the changes he made, in addition to removing the good faith notion, was related to the public interest notion. I notice that is not the case in...

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

Mary Lou McDonald: I know, but it is premised on the notion of the public interest.

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

Mary Lou McDonald: Yes.

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

Mary Lou McDonald: No, the Minister is not. Of course, in workplaces that are organised, shop stewards and so on do advise on the law, but I am not sure that they give legal advice.

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

Mary Lou McDonald: I will not comment on that. Does the Minister agree that my amendment No. 7 caters for the trade union issue?

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

Mary Lou McDonald: I am arguing that it does solve the issue. As the Minister knows, legal advice through trade unions is given by solicitors who are retained by the union. I do not know any trade union official who would, unless he or she is legally trained, claim to give advice on the law. I do not wish to nitpick here, but it is a valid point.

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

Mary Lou McDonald: Therein lies the dilemma.

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

Mary Lou McDonald: My amendment No. 7 proposes to insert the following provision: "10. A disclosure is made in accordance with this section if it is made by the worker in the course of obtaining advice from a trade union official or a person authorised by the worker's employer in accordance with a procedure prescribed by the workers employer.".Can I take it that the Minister will reflect further on this...

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

Mary Lou McDonald: I will withdraw the amendment on that basis, but I may return to it on Report Stage.

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

Mary Lou McDonald: I move amendment No. 8: In page 10, to delete line 36, and in page 11, to delete line 1.

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

Mary Lou McDonald: I disagree, but I do not believe we will agree on this.

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

Mary Lou McDonald: I move amendment No. 6: In page 10, line 32, to delete “, solicitor or trade union official” and substitute “or solictor”.This is to clarify the position on disclosures to a legal adviser or a trade union official. In practice, we presume a trade union official has legal credentials or some scope to advise an individual or guide him or her. The amendment provides...

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

Mary Lou McDonald: I appreciate what the Minister has said and neither would I. I appreciate his point on the law of unintended consequences. As the legislation is currently framed, is the Minister satisfied that, say, the code of practice for the governance of State bodies or the code of conduct for councillors, is captured by the legislation?

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

Mary Lou McDonald: Then it is captured.

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

Mary Lou McDonald: But if it is not, it is not.

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

Mary Lou McDonald: I withdraw it as I want to reflect on the discussion we have had with the Minister and I may return to it at a later Stage.

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

Mary Lou McDonald: I move amendment No. 5: In page 10, to delete lines 10 and 11.This amendment hinges on the issue of substantially true versus reasonable belief. To cut to the chase, reasonable belief is a sufficient threshold for this legislation. To ratchet that up to substantially true places an undue burden on the person coming forward as the whistleblower and is unnecessarily high. The kind of prudent...