Results 7,841-7,860 of 18,761 for speaker:Michael McDowell

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: I am concerned it might open the door to sharp practice and that people would end up getting possession and getting an order in circumstances in which an injustice would be done to a person who had an interest in the property.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: Subsection (1) of this section sets out the order in which a receiver of mortgaged property is required to apply income received in respect of the property. It is proposed to delete subsection (2), which would have given the mortgagee the power to vary the order of categories of payment and could have created a conflict with the receivership law as it gives too much flexibility to the mortgagee.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: It is proposed to move section 113 to a new Part 12 of the Bill, in conjunction with amendment No. 68.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: It is proposed to delete section 115 because the company law review group is dealing with the issue of registration of judgment mortgages against companies and provisions to deal with this issue will be included in the company law legislation which is being prepared in this Department.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: This amendment is intended to bring section 118 of the Bill into line with section 47 of the Statute of Limitations Act 1957, which provides that for the purpose of the extension of the limitation period in certain circumstances, such as disability or fraud, the date of accrual of a right of action on a judgment mortgage is the date upon which the judgment became enforceable and not the date...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: It is proposed to transfer section 119 to a new Part 12, as set in amendment No. 69. As regards the substance of the section, the writ of fieri facias is an old common law remedy which allows the sheriff to seize the chattels of a debtor on foot of an execution order. Courts have held that chattels in this context include chattels real. Chattels real include leasehold property. A...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: The sheriffs wrote to the Revenue Commissioners and the Department which then offered to discuss the matter with the Revenue Commissioners. As I understand it, those discussions have not taken place. If anyone wants a bilateral or trilateral discussion between now and Report Stage, we will be more than happy to engage in those discussions.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: This section is no longer necessary as a result of the amendment of section 107 by amendment No. 59.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: This amendment involves the insertion of the existing section 113 into Part 12 to improve the presentation of the Bill.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: This amendment also involves the insertion of the existing section 119 into the new Part 12 to improve presentation.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: This amendment involves replacing the existing text of Schedule 1 with a revised Schedule containing a list of consequential amendments to other statutes. Basically, it updates references in those statutes to take account of the provisions of the Bill with which we are dealing and it provides for the deletion of obsolete references.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: Section 49 of the Bill re-enacts the substance of section 2 of the Statute of Frauds Act 1695 which requires written evidence of the contract relating to land to be produced in court if enforcement of the contract is sought. However, section 2 of the Statute of Frauds also deals with other matters such as contracts relating to guarantees, contracts upon a consideration of marriage and...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: These amendments extend the list of provisions to be repealed in the Second Schedule and provide for the correction of some citations. Amendment No. 52 provides for the repeal of section 72(1)(j) of the Registration of Title Act 1964 and the effect of that repeal, which is a necessary consequence of the over-reaching provisions in section 21, is that the rights of persons in actual...

Written Answers — Gambling Casinos: Gambling Casinos (8 Nov 2006)

Michael McDowell: I propose to take Questions Nos. 127 and 129 together. As the Deputy is already aware, in August this year the Government agreed to my proposals for the establishment of an Inter-Departmental Committee (the Casino Regulation Committee), on which my Department is represented, to report on the possibilities for a legislative basis for the strict regulation of casino-style operations within the...

Written Answers — Garda Deployment: Garda Deployment (8 Nov 2006)

Michael McDowell: I have been informed by the Garda authorities, who are responsible for the detailed allocation of resources, including personnel, that the personnel strength (all ranks) of An Garda Síochána increased to a record 12,762 on Friday, 8 September, 2006, following the attestation of 249 new members. This compares with a total strength of 10,702 (all ranks) as at 30 June, 1997 and represents an...

Written Answers — Citizenship Applications: Citizenship Applications (8 Nov 2006)

Michael McDowell: In January, 2005 I announced a scheme whereby the non-national parents of children born in Ireland before 1 January 2005 could apply for leave to remain in the State based on their parentage of those children. This so-called IBC/05 Scheme and its terms and conditions were widely advertised and its closing date was 31 March, 2005. Generally, leave to remain was granted for a two year period...

Written Answers — Visa Applications: Visa Applications (8 Nov 2006)

Michael McDowell: Nationals of Bulgaria, as and from 1 January, 2007, will have the same rights as other EU citizens except that, arising from the Government's recent decision, nationals of Bulgaria (and Romania) may not take up employment in the State except in accordance with an Employment Permit or where they are otherwise exempt. They may enter Ireland on production of their passport and/or national...

Written Answers — Garda Investigations: Garda Investigations (8 Nov 2006)

Michael McDowell: I am informed by the Garda authorities that a full disciplinary inquiry in conjunction with a criminal investigation is currently under way by a Chief Superintendent from outside the Division. As this inquiry is ongoing, the Deputy will appreciate that it would not be appropriate for me to comment any further on the matter at this time.

Written Answers — Residency Permits: Residency Permits (8 Nov 2006)

Michael McDowell: The Scheme of the Immigration, Residence and Protection Bill, which I published recently, makes provision for a new and integrated framework for the effective management of migration to the State. An integral part of that framework will be the ability to make and publish statements of the Government's immigration policy in relation to any aspect of immigration including, where necessary,...

Written Answers — Road Traffic Offences: Road Traffic Offences (8 Nov 2006)

Michael McDowell: In view of the nature of the question and in order to supply the details requested by the Deputy it is necessary for the Garda authorities to make enquires in each Garda Division. I will be in contact with the Deputy when the information is to hand.