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Seanad: Order of Business. (28 Oct 2004)

Brian Hayes: Hear, hear.

Seanad: Order of Business. (28 Oct 2004)

Brian Hayes: Hear, hear.

Seanad: Order of Business. (28 Oct 2004)

Brian Hayes: A declaration of intent.

Seanad: Order of Business. (3 Nov 2004)

Brian Hayes: I welcome the Adjournment debate matters tabled by colleagues opposite because they underline the Government's failings and shortcomings in recent years. Perhaps we should have the Adjournment debate at the beginning rather than the end of proceedings since there might be much more political content.

Seanad: Order of Business. (3 Nov 2004)

Brian Hayes: You are correct, Sir. While the US presidential election has yet to be finally determined by the declaration of a winner, it appears likely that President Bush has won a second term. Does the Leader agree that, whatever the result, America should now begin to acknowledge its historic role in the world and use its influence and power through engagement to bring about good in the world? The...

Seanad: Order of Business. (3 Nov 2004)

Brian Hayes: That is right.

Seanad: Ombudsman (Defence Forces) Bill 2002: Report and Final Stages. (3 Nov 2004)

Brian Hayes: I second amendment No. 1. With the permission of the House I will speak on amendment No. 2. I welcome the Minister back to the House. We recently debated this matter and the observations made by the former Northern Ireland ombudsman, Senator Maurice Hayes, were useful in that context. The Minister said he would consider this amendment and we await his views. It is important that we give the...

Seanad: Ombudsman (Defence Forces) Bill 2002: Report and Final Stages. (3 Nov 2004)

Brian Hayes: I understand what the Minister has said in terms of the discussions he has had with the representative body and I respect that. Senator O'Meara is correct. This is a matter for the Oireachtas. Legislation and the passage of law in our country is a matter for the Oireachtas and while we must be mindful of the discussions that take place outside the House we, as legislators, have a role to play...

Seanad: Ombudsman (Defence Forces) Bill 2002: Report and Final Stages. (3 Nov 2004)

Brian Hayes: Will the Minister give way on that issue?

Seanad: Ombudsman (Defence Forces) Bill 2002: Report and Final Stages. (3 Nov 2004)

Brian Hayes: Senator Maurice Hayes referred specifically to the case in Northern Ireland where a number of suicides occurred in military barracks. I understood him to have made the point that none of that could have been investigated and is not investigated because the same structures are not evident there. I understand the Minister's point.

Seanad: Ombudsman (Defence Forces) Bill 2002: Report and Final Stages. (3 Nov 2004)

Brian Hayes: I move amendment No. 2: In page 4, lines 37 and 38, to delete "the recommendation of the Government." and substitute the following: "(a) the nomination of the Government, and (b) the passage of resolutions by Dáil Éireann and Seanad Éireann recommending the appointment.". We had a discussion on this amendment on Committee Stage during which I pointed out that the ombudsman, who is...

Seanad: Ombudsman (Defence Forces) Bill 2002: Report and Final Stages. (3 Nov 2004)

Brian Hayes: The Minister will bring a memorandum to Cabinet recommending the appointment.

Seanad: Ombudsman (Defence Forces) Bill 2002: Report and Final Stages. (3 Nov 2004)

Brian Hayes: There is nothing untoward about that. Given that it is such an important position, I thought it would have been more sensible to at least debate the matter. However as we have such a short time left, I will withdraw the amendment.

Seanad: Ombudsman (Defence Forces) Bill 2002: Report and Final Stages. (3 Nov 2004)

Brian Hayes: I move amendment No. 3: In page 5, to delete from and including "such" in line 10, down to and including "exceed" in line 11. These amendments seek to ensure that the ombudsman will be appointed for a fixed term. While it is unlikely, the Bill as currently drafted provides for the possibility that the Government could reduce the normal seven year term of the ombudsman for appointments made by...

Seanad: Ombudsman (Defence Forces) Bill 2002: Report and Final Stages. (3 Nov 2004)

Brian Hayes: A maximum of ten minutes.

Seanad: Ombudsman (Defence Forces) Bill 2002: Report and Final Stages. (3 Nov 2004)

Brian Hayes: The Minister has given some reassurance in that the instrument to be laid before both Houses will state the duration of the term. This person will not just be independent within the Defence Forces but independent of Government. It is important for someone who may wish to take up a post for a seven-year period and who would then want to carry the work through for a 14-year period. The argument...

Seanad: Ombudsman (Defence Forces) Bill 2002: Report and Final Stages. (3 Nov 2004)

Brian Hayes: I thank the Minister, Deputy O'Dea, and his officials for coming to the House. It is the first Bill he has taken in his position as Minister for Defence. I welcomed the opportunity to debate with him some of the important matters in the Bill. The legislation was introduced by his predecessor, therefore, his hands were tied slightly in respect of some of the amendments. I congratulate all the...

Seanad: Ombudsman (Defence Forces) Bill 2002: Report and Final Stages. (3 Nov 2004)

Brian Hayes: Senator Leyden should not rub it in.

Seanad: National Car Testing Service: Motion. (3 Nov 2004)

Brian Hayes: Hear, hear.

Seanad: National Car Testing Service: Motion. (3 Nov 2004)

Brian Hayes: Hear, hear.

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