Seanad debates

Wednesday, 1 December 2010

Prevention of Corruption (Amendment) Bill 2008: Committee Stage

 

12:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

Yes. I saw part of the television programme, which was quite damning. This legislation looks to build on existing law and implement the commitment we have on the convention on bribery of foreign public officials in international business transactions. That is what the Bill is about but we have gone further. Senator Bacik would accept that although we are dealing with whistleblowing in specific pieces of legislation, the Bill deals with whistleblowing and corruption generally across the system. It could be regarded as providing an ability for people to give information on alleged corruption in any facet of life.

With regard to the amendment, we discussed the section with the Parliamentary Counsel in view of what was said in the other House. The strong view was that the word "opinion" encompasses knowledge or suspicion. In response to Senator Regan and the suggestion that there should be a definition of "opinion", the view is that the word is widely recognised and understood by the courts of the land. To insert a definition of "opinion" would lead to a great difficulty in encompassing everything that might be regarded as an opinion. It might be best left to the Judiciary to determine what an opinion is or involves in a particular instance of adjudication.

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