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Select Committee on Justice and Equality: Courts (Establishment and Constitution) (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: I wish to make a general remark.

Select Committee on Justice and Equality: Courts (Establishment and Constitution) (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: I welcome the Bill. There is a significant backlog in the Court of Appeal so obviously it is welcome that this is being addressed. We will support the Bill. We have no amendments and I imagine we will have none on Report Stage either. A related matter arises concerning the courts and the Judiciary and so on. The Judicial Council Bill is proceeding to Report Stage this week in the...

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: I welcome the Minister of State and his officials. While a lot more needs to be done in this area, this is useful legislation. We are discussing amendments Nos. 1 and 3 but I wish to refer to section 2 first. There is an enormous issue, generally speaking, with the civil legal aid-----

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: Okay. In a general sense, there is a significant issue in relation to legal aid across a wide range of actions, including serious delays and excessive minimum contributions being requested due to under-funding of the Legal Aid Board. The cases addressed by this legislation will inevitably involve significant legal argument at the Circuit Court, whereby people will have to have a debate with...

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: Will the Minister of State clarify whether it would be a breach of the mortgage terms to have somebody other than the person paying the mortgage in the property paying rent and for that rent to be used to pay the mortgage?

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: Is the Minister of State also stating that, regardless of whether it is a breach, in circumstances where that is happening it is not possible to appoint a receiver?

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: I do not understand how it would be a failure to honour the mortgage if, by agreement with the borrower, there was somebody in the property paying the rent and a large chunk of the mortgage was being paid.

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: I will press the amendment. I move amendment No. 3: In page 3, between lines 10 and 11, to insert the following: “2. Section 108 of the Act of 2009 is amended by the insertion of the following subsection after subsection (1): “(1A) (a) In the case of a housing loan mortgage, notwithstanding the terms of the mortgage agreement or anything to the contrary set out in...

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: Can I speak to this group of amendments?

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: I move amendment No. 4: In page 3, to delete lines 19 to 21 and substitute the following: " "2A.(1)This section applies to any proceedings brought by a mortgagee, irrespective of when the mortgage was created, seeking an order for possession of land to which the mortgage relates and which land is land to which section 2 applies—". Amendment No. 5 is probably less comprehensive...

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: Can the Minister of State tell us directly whether he is certain that all existing cases are covered by this legislation? It seems to me the wording is open to challenge by financial institutions saying that it does not apply and is only for cases arising in the future, especially given that legislation generally applies to future cases. There is a tendency against retrospective...

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: I move amendment No. 5: In page 3, line 19, after "to" to insert "any".

Written Answers — Department of Transport, Tourism and Sport: Road Improvement Schemes (25 Jun 2019)

Donnchadh Ó Laoghaire: 680. To ask the Minister for Transport, Tourism and Sport if his attention has been drawn to the situation regarding the L2455 Lehenaghbeg-Lehenaghmore road; if the NTA has submitted its latest observations to the local authority regarding the design; the way in which he plans to expedite an urgently needed road; if funding will be forthcoming; and when he expects the road to be delivered....

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Online Safety (26 Jun 2019)

Donnchadh Ó Laoghaire: 32. To ask the Tánaiste and Minister for Justice and Equality the expected timeline to ratify the Budapest Convention on Cybercrime; when he plans to do so; the legislation required to do so; and if he will make a statement on the matter. [26882/19]

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Online Safety (26 Jun 2019)

Donnchadh Ó Laoghaire: The previous question dealt with some of the many challenges in the online sphere. A related matter is the whole area of child sexual abuse material, material posted without consent, violent sexual imagery and material of that nature. The Budapest Convention on Cybercrime is broad and part of what it examines is the area of production orders and preservation orders. That area gives...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Online Safety (26 Jun 2019)

Donnchadh Ó Laoghaire: I was aware that the Minister would point to the Criminal Justice (Offences Relating to Information Systems) Act 2017. That is related to what we more immediately think of as cybercrime. As we have both outlined, however, the convention deals with issues such as online sexual exploitation. The sexual abuse of children online is one of the most serious issues that any society can face. The...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Online Safety (26 Jun 2019)

Donnchadh Ó Laoghaire: That legislation is of value but it is related to specific criminal offences and new offences and it does not necessarily assist with the investigation of an offence. Ratification of the Budapest Convention on Cybercrime is important to An Garda Síochána, especially to the Garda national protective services bureau, the Irish Society for the Prevention of Cruelty to Children, ISPCC...

Ceisteanna Eile - Other Questions: Crime Data (26 Jun 2019)

Donnchadh Ó Laoghaire: I agree with the points made by Deputy O'Callaghan. The Commission on the Future of Policing in Ireland and the Garda Inspectorate identified that the Garda has not always been entirely up to the mark in terms of the quality of data. Data are very important in ensuring a proper response to crime. There are two issues which I wish to specifically flag. One of the main issues that led to...

Ceisteanna Eile - Other Questions: Crime Levels (26 Jun 2019)

Donnchadh Ó Laoghaire: 37. To ask the Tánaiste and Minister for Justice and Equality if his attention has been drawn to the recent incidents of burglaries and thefts in Cork city over recent months; his plans to address same; if his attention has been further drawn to the fact that recent Garda resources promised to the district will now not be provided; and if additional resources, both personnel and...

Ceisteanna Eile - Other Questions: Crime Levels (26 Jun 2019)

Donnchadh Ó Laoghaire: The Minister may be aware that, contrary to the national trend, there has been a significant spike in burglaries and thefts in the Cork city division. It is an ongoing trend which is having a big impact on people and their property and it requires an additional response. Unfortunately, that is not what it is getting. Rather, resources are being diverted away from it.

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