Results 2,161-2,180 of 3,707 for speaker:Brian O'Shea

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian O'Shea: I take it from what the Minister said, that it will require a change in legislation to cater for what I suggest here. I will deal with an amendment later that relates to ageism and juries. There can be a lot of talent out there that is precluded from being much more active. In this instance, I refer to people who are retired. I do not think there is any substantial reason the legislation...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian O'Shea: The thrust of the amendment is fine but there is a boundary issue I wish to bring to the Minister's attention. I am sure it refers to other city and county situations but this is one with which I am familiar because it relates to Waterford city. Waterford City Council is building houses in County Kilkenny, which it rents. As the amendment is framed, it means that the writ of people who are...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian O'Shea: My question is whether a court clerk could have a temporary assignment in addition to a permanent assignment. As the Minister indicated, this could arise due to illness. In my experience, court clerks are busy people. Is there a bottom line problem that two court areas could suffer under such an arrangement, that a person temporarily assigned leaves a permanent position that is not fully...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian O'Shea: From the Minister's explanation, this seems to be an oversight that needs to be corrected from the time the legislation was enacted to set up the Courts Service. In the amendment, the proposed section 65(4) states that all fees collected under an order made under subsection (1) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian O'Shea: I move amendment No. 15: In page 17, to delete lines 34 and 35. This amendment seeks to delete section 20 of the Bill. It is not clear that it is an improvement to our jurisprudence to appeal the requirement that a District Court judge must keep a note of the evidence before or him or her. In the absence of any universal transcript system, why should there not be a formal judge's note of...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian O'Shea: The information provided by the Minister on plans to have complete digital audio recording of court proceedings by the end of 2009 puts this issue in a different context. I seek clarification on another issue. When is it proposed to establish a judicial council? Given that full digital audio recording will be in place in less than two years, there will be a certain overlap in this regard....

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian O'Shea: I move amendment No. 18: In page 21, between lines 20 and 21, to insert the following: 26.—(1) If in any proceedings before a court it appears to the court that— (a) costs have been improperly or without any reasonable cause incurred by a solicitor acting for a client who is a party to those proceedings, or (b) by reason of any undue delay in proceeding under any judgment or order, or of...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian O'Shea: It is encouraging to hear the Minister will undertake this major reform and intends to produce legislation to this effect. Will the Minister give the House an indication of the timescale involved? Dáil Deputies hear complaints from people about this issue and it would be helpful to be able to assure people that legislation is being developed. I hope it is not in the dim and distant...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian O'Shea: After the proposals are ready the drafting of the legislation will begin. Does the Minister envisage the drafting phase will be prolonged or, bearing in mind the nature of the issues, that we can hope to see the Bill produced in 2009?

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian O'Shea: On the basis that the Minister will address this issue in a wider context I will withdraw the amendment.

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian O'Shea: I move amendment No. 20: In page 23, between lines 28 and 29, to insert the following: "(2) Where a tenant has, on or after the 12th day of December 2007, effected a renunciation as referred to in subsection (1), the tenant shall be deemed not to be entitled to a new lease for a period of 20 years, and any lease for a shorter period effected on foot of such renunciation shall be deemed to be...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian O'Shea: As the Minister is aware, the reason this amendment was tabled is that without it some tenants will have their tenancies terminated and hardship will be caused. I understand the point on retrospective legislation. However, can the group about which Deputy Rabbitte is concerned be safeguarded? I take it the Minister is not favourable to accepting the amendment but its acceptance is not the...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian O'Shea: The Minister is aware of the background to this amendment. I await his response.

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian O'Shea: I take the points the Minister has made. As I said earlier, this is one solution we are suggesting. This is just one amendment to the Bill. I gather from what the Minister said that there is no course open to him where this case could be dealt with in isolation. I think he will agree that the situation in which this tenant finds herself gives rise to hardship.

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian O'Shea: Obviously, the Minister will not accept the amendment so I will press it.

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian O'Shea: I move amendment No. 21: In page 28, between lines 12 and 13, to insert the following: "37.—Section 6 of the Juries Act 1976 is amended by the deletion of "and under the age of seventy years" and the insertion of "and not incapable by reason of infirmity"." I referred to this issue earlier in the debate. The existing disqualification of those aged over 70 from jury service is age...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian O'Shea: On the basis of what the Minister's has said, which I take in absolute good faith, and the prospect that he will introduce a suitable amendment to meet the issue in the other House, I thank him for his positive response and withdraw the amendment.

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian O'Shea: Go raibh maith agat, a Chathaoirligh. I am in receipt of the same representations in regard to this amendment. The amended version and the existing wording in the Act are identical except for the following "or may accept a lower contribution." in the existing subsection. The amended version is split into two paragraphs and ends with, "or accept a lower contribution, on the ground that a...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian O'Shea: I do not have another view. That is fair. On Deputy Rabbitte's behalf, I will see this is sent to the Minister so he can see it before he appears in the Seanad with the Bill.

Written Answers — EU Directives: EU Directives (27 Feb 2008)

Brian O'Shea: Question 36: To ask the Minister for the Environment, Heritage and Local Government the steps being taken to ensure that people here have access to justice in respect of environmental matters in accordance with Ireland's obligations under European Union law and signing up to the Aarhus Convention; and if he will make a statement on the matter. [8033/08]