Results 201-220 of 11,861 for speaker:Brian Hayes

Seanad: Order of Business. (17 Dec 2002)

Brian Hayes: I accept the magnanimous gesture from the Leader. I raise the issue because it is only fair to all sides that time is allowed to resubmit amendments on Report Stage if they are not accepted by the Minister.

Seanad: Domestic Violence (Amendment) Bill, 2002: Second Stage. (17 Dec 2002)

Brian Hayes: They got due notice.

Seanad: Domestic Violence (Amendment) Bill, 2002: Second Stage (Resumed). (17 Dec 2002)

Brian Hayes: I welcome the Minister of State, Deputy Brian Lenihan. When I spoke to him after he became a Minister of State, he informed me that there is no constitutional obligation on Ministers to be present in the Seanad when it sits. I subsequently discovered that the Minister of State is absolutely correct.

Seanad: Domestic Violence (Amendment) Bill, 2002: Second Stage (Resumed). (17 Dec 2002)

Brian Hayes: I welcome the Minister of State nonetheless and I am glad that he has appeared today. It is good that he is in the House for this debate because he has an expert knowledge of these matters. Domestic violence is a serious matter and there is an urgent need for the Bill after the recent Supreme Court ruling. Irrespective of one's views on the matter, we cannot ignore the fact that the Supreme...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Hayes: I second the amendment in the name of Senator Terry. From my understanding of the Supreme Court proceedings, the State, in the action it took in defending the 1996 legislation, referred to the exceptional cases provision as set out in that legislation. The Supreme Court ruling stated that: There is no indication of the criteria by which the District Court in the case of an ex parte...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Hayes: I understand the Minister of State's reply. It is difficult to define an exceptional case in statute law. However, when the legislation was initially put through this House and the other House, a former Minister, Mervyn Taylor, referred to the fact that the granting of such orders was confined to extreme cases. He did not define what he meant by "extreme cases"; he left it to the application...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Hayes: This point needs further examination. In 1995 the sponsoring Minister clearly stated that it was for extreme cases. As the Minister of State said, it has a wider application now than was originally envisaged in 1995 and 1996.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Hayes: Full marks.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Hayes: It is an exceptional case.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Hayes: Is the Minister saying that the difficulty arises from the number of days the courts are sitting? That difficulty can arise in certain circumstances, given the very lengthy holidays taken by our colleagues in the courts. It would be entirely inappropriate if that were the reasoning. Can the Minister confirm or deny that?

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Hayes: The jury is still out on that. Question, "That the word proposed to be deleted stand", put and declared carried. Amendment declared lost.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Hayes: Gratitude is owed to Senator Tuffy for the proposal of this novel amendment. It would certainly be an innovation. The Senator's point is valid in so far as it only deals with spouses with substantial means. Granting to the court the jurisdiction to determine whether a spouse in such a case could give such an undertaking is flexible. The Minister has said that this is a large step to take. I...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Hayes: This discussion goes to the heart of the legislation, as the Minister of State has said. According to section 1(A)(c)(ii), an interim barring order may be made ex parte. It provides that a copy of the order, affidavit or information shall be served on the respondent as soon as practicable. The legislation sets down an eight day timeframe in relation to a barring order but it does not set out...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Hayes: I support Senator Terry's amendment. In his contribution on Second Stage, the Minister said that the number of protection orders is in the region of 3,400 to 3,800 a year. That is a substantial increase since the legislation was introduced in 1996. The intention of the amendment is to ensure that the same rules that apply in respect of interim barring orders ex parte would also apply to...

Seanad: National Development Finance Agency Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Hayes: He is beginning to sound like Rhett Butler.

Seanad: National Development Finance Agency Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Hayes: Will the Minister of State give way for a question? What is his definition of value for money?

Seanad: National Development Finance Agency Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Hayes: Far from being superficial, as Senator Mansergh said, this amendment is entirely appropriate. If he reflects upon it in greater detail he will see why. My party, before the last election, proposed no diminution of the funds to be set aside for pensions into the future, irrespective of other views from the Opposition. Those views, as the record shows, did not emanate from this party. It seems...

Seanad: National Development Finance Agency Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Hayes: It is important that when we establish new legislation and give significant powers to the Minister to set out orders or guidelines there is some parliamentary accountability on the issuing of those guidelines. The Minister of State had a distinguished career in the Department of Enterprise, Trade and Employment and was responsible for many initiatives. It is important for all sides that there...

Seanad: National Development Finance Agency Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Hayes: That is correct.

Seanad: National Development Finance Agency Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Hayes: It is not the case with parliamentary questions.