Results 101-120 of 5,294 for speaker:Michael McCarthy

Seanad: Order of Business. (25 Feb 2003)

Michael McCarthy: I wish to raise a serious issue concerning providers of services to people with disabilities. CoAction is one such provider in west Cork. It is run voluntarily and provides essential services to people with intellectual difficulties and children with special needs. In 1997, the then Department of Health promised the organisation funding through the health boards. I understand some of the...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I move amendment No. 6: In page 15, paragraph (a), line 4, after section to insert "3B or". The proposed new section 3B allows the Minister to amend the First Schedule to the Act in certain circumstances. The approval of the Oireachtas should be required where such a wide power is conferred, rather than, as proposed in the Bill, simply informing it of that conferral.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I will not press the amendment but I will pursue this again. It is advisable that where such a far-ranging power is conferred, the Oireachtas should have a greater involvement. Amendment, by leave, withdrawn. Amendment No. 7 not moved. Section 8 agreed to. Section 9 agreed to. SECTION 10.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I move amendment No. 17: In page 34, lines 42 and 43, to delete "shall have an absolute discretion to" and substitute "may". I am against the concept of absolute discretion. I believe it creates bad law and results in absolutist decision-making. It is relevant to recall Lord Acton's letter to Bishop Creighton in which he said that power tends to corrupt and absolute power corrupts absolutely....

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I move amendment No. 18: In page 35, line 9, after "decision" to insert "and of the reasons for the decision". When the EPA refuses to hold an oral hearing, it should give its reasons in the interest of proper administration, among other considerations. For example, if an applicant is refused planning permission for a dwelling, a fairly detailed letter of explanation is issued by the planning...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I move amendment No. 20: In page 36, line 2, after "oath" to insert "or affirmation". This is a technical amendment. I propose it to improve the drafting of the Bill. My understanding is that the Oaths Act 1888 does recognise affirmation but that is only in legal terms. That is the reason for this technical amendment.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: Could the Minister confirm where he got that reassurance?

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I remind the Minister that Senator Henry raised an important point about different Christian denominations. What about a person who does not belong to any religious denomination?

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: If that is the advice the Minister has received, I accept it. However, surely it is not a bad thing that the parliamentary counsel should act on precedent. As Senator Henry has pointed out, it has happened in the past.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: No, but I hope we will return to that issue again. Amendment, by leave, withdrawn. Amendment No. 21 not moved.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I appreciate what the Minister says, but there is nothing to stop anyone from boarding a plane in the morning and not returning. In that instance, there is nothing in the legislation to bring them back and make them face up to their responsibilities.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I move amendment No. 32: In page 57, line 54, after "High Court" to insert "or Circuit Court". I propose to discuss amendments Nos. 32, 33 and 34 together as they are related.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: The amendment is fairly self-explanatory. The intention is to reduce legal costs and to give jurisdiction to the Circuit Court where there is unlicensed activity. I hope the Minister will recognise the purpose of the amendment.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I thank the Minister for his response. I hope he will see fit to accept the amendment on Report Stage because the High Court system is clogged up, expensive and arduous for anybody who wishes to pursue that channel. It is good to give the Circuit Court jurisdiction in this context. Amendment, by leave, withdrawn. Amendments Nos. 33 and 34 not moved. Question proposed: "That section 12 stand...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I move amendment No. 39: In page 62, to delete lines 29 to 33. This part of the Bill proposes to reverse the Supreme Court decision in a case taken by a high profile member of Cork City Council, the judgment on which ruled that the local authority, irrespective of payment, had to collect waste. The amendment is clear in the sense that we, on this side of the House, are opposed to this. If the...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I ask the Minister to consider that some counties are so cash strapped because of benchmarking that they will not operate the waiver system to the extent some expect. There will be cases where the waiver system will not meet the needs of some. That was the section that inspired the amendment.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: No denial.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: Rarer again.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I move amendment No. 41: In page 73, line 14, to delete "may" and substitute "shall". This stronger wording would give a stronger footing to the waiver system which is more important now than ever. People will find it difficult to pay service charges. In Cork they have gone up by 108% to €390. The waste management strategies of some counties are light years behind and the appropriate...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: There has been an increase of 108% in Cork. No one could have foreseen in the 1990s that charges would be so high today. I accept that charges were lower then because we had not got our act together in the waste management area. If the amendment is not accepted, there will be applications for waivers from those on low incomes who are not recipients of social welfare. Given the discretion of...