Results 7,501-7,520 of 18,761 for speaker:Michael McDowell

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: These are drafting amendments which clarify the scope of the section and ensure consistency in the terms used in it. The amendments to section 87 are drafting amendments to ensure section 87 is consistent with section 86.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: The acceptance of this amendment would mean every financial institution would be required to update each mortgagor's consent annually or, failing that, go to court in each and every case arising. That would create either additional administration costs for mortgagees or additional court related costs for mortgagees or mortgagors. We do not believe this would be in the public interest.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: Government amendments Nos. 40 to 42, inclusive, deal with the issues tabled in amendment No. 38. I do not favour allowing ex parte applications. The section deals with cases where the mortgagee has reasonable grounds for believing the mortgaged property has been abandoned but that may not be the case. To allow ex parte applications means they could be open to abuse and that would not be in...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: This amendment is consequential to a Committee Stage amendment which deleted subsection (2) in section 105.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: The amendment to section 114 is intended to clarify the meaning of subsection (1) by separating the application procedure provided for in the new subsection (1) from the making of the court order provided for in the new subsection (2). The amendment to Schedule 2 repeals sections in existing courts legislation which deal with the registration of judgment mortgages but which will be redundant...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: I thank Senators for their kind remarks. I express my thanks to Mr. Carroll and Ms O'Keeffe, who have been with this programme at every stage, including collaboration with the Law Reform Commission and in this House, for all the work they have done. It is a significant achievement for this House to have adopted and passed major legislation. I hope that when it goes to the other House, it...

Seanad: Sex Offenders Register. (23 Nov 2006)

Michael McDowell: I thank Senator Tuffy for raising this matter on the Adjournment. I assure her that the Government shares her concerns that no opportunity is given to convicted sex offenders to take advantage of any differences in the law and arrangements in place in the different legal jurisdictions. I will set out briefly the legal position regarding convicted sex offenders who either have served a...

Seanad: Sex Offenders Register. (23 Nov 2006)

Michael McDowell: I agree.

Seanad: Fisheries Protection. (23 Nov 2006)

Michael McDowell: The Minister of State at the Department of Communications, Marine and Natural Resources, Deputy Browne, regrets that he is unable to attend the Seanad this afternoon but is grateful to Senator Morrissey for raising this issue. Natura 2000 is the EU-wide network of nature protection areas established under the 1992 habitats directive, which aims to safeguard Europe's most important wildlife...

Seanad: Community Development. (23 Nov 2006)

Michael McDowell: The Minister of State for Community, Rural and Gaeltacht Affairs is mindful of the importance of funding under the programme of grants for locally based community and voluntary organisations. An application has been received from the group referred to by the Senator. Applications under the scheme of equipment grants and the scheme of training, education and research grants closed on 25...

Seanad: Prisons Bill 2006: Second Stage (Resumed) (23 Nov 2006)

Michael McDowell: I was very grateful to them for that support because it was suggested in some sense that this was wasteful, but it was not. I wish to make a further point while we are dealing with the issue of Thornton Hall because Part 4 of this legislation will apply to it. There is no tract of 150 acres 14 kms from O'Connell Street which was available for any lesser price. People can cod themselves and...

Seanad: Prisons Bill 2006: Second Stage (Resumed) (23 Nov 2006)

Michael McDowell: Our strategy is to introduce sniffer dogs to the system and new visiting arrangements. I do not agree with the proposition it is more humane to have physical contact in a drug-ridden prison than to have a drug-free prison with substantial restrictions on physical contact with prisoners. If the price of physical contact is rampant drug infestation in a prison it is no mercy on any prisoner...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: This Bill will eventually become an Act. If it was referred to simply as a Land Act it would give a misleading impression as to what kind of Act it was. The Land Acts generally concerned land purchase and registry, whereas this Bill is slightly different. Its equivalent in the United Kingdom in 1925, which shows the House how far behind we are, was called the Law of Real Property Act....

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: Amendment No. 3 makes more detailed provision for the service of notices by electronic communication and by means of facsimile. It is an alternative to Senator Tuffy's amendment and deals in greater detail with the issues raised in her amendment. I thank her for drawing my attention to this matter by tabling her original amendment and retabling it for this debate.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: Regarding amendments Nos. 5 and 6, subsection (1) is a standard type of provision for the making of regulations on an ongoing basis. Subsection (2), on the other hand, is an exceptional and time-limited provision designed to deal with any unforeseen difficulties in implementing the Act or other statutes it amends. Any modifications made to such regulations must be in conformity with the...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: This is largely a matter of drafting. I do not see a good reason to include a specific reference to section 26 of the Interpretation Act 2005 in section 8(2). The Interpretation Act, by definition, applies to all Acts of the Oireachtas and all of its provisions, including section 26, will apply to this legislation when enacted.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: This is a proposal to prevent people from purporting to convey feudal baronies and manorial lordships, a class of incorporeal hereditament under the present law. The group that devised the Bill examined this issue and came to the conclusion that, whatever of their origin in the feudal era, titles of honour had evolved over the centuries into personal rights now rather than interests in the...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: Section 10 contains provisions relating to the concept of an estate in land and section 9(3) makes a reference to that concept as set out in section 10. I cannot see any reason to substitute the word "under" for "in" as proposed in the amendment.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: I do not believe this is necessary but I will consider the point between now and the debate in the other House. If I change my mind I will deal with the matter in that House, if that satisfies the Senator.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: I agree with Senator Tuffy on the matter of a fee simple being unencumbered. I will draw her remarks to the attention of my colleague, the Minister for the Environment, Heritage and Local Government, Deputy Roche, because the issue should be considered in a housing or local government Act. I am loath to accept the amendment in the context of this legislation. It is also a policy area where...