Results 2,641-2,660 of 4,608 for speaker:Joe O'Toole

Seanad: Order of Business (4 Dec 2007)

Joe O'Toole: On a point of order, the screen shows 30 voting "Tá".

Seanad: Death of Former Member: Expressions of Sympathy (4 Dec 2007)

Joe O'Toole: Ní raibh aon aithne agam ar Seán Keegan, cé gur bhuail mé leis uair nó dhó. However, on behalf of the Independent benches I wish to be associated with the words said by the Leader in a fine tribute. We on the Independent benches always seek to put on the record that we recognise and appreciate the diligent public service of people like the former Senator, Seán Keegan, as this is...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: Much as I admire the Minister and defer to his greater level of knowledge on the Constitution and matters parliamentary, I have to gently correct him on a number of issues. Despite the fact that Senator Norris agreed with him that the Seanad is continuous, this is an incorrect belief.

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: I beg the Senator's pardon. The Seanad in not continuous; it may be continual, which I doubt, but it certainly is not continuous. This is the reason we describe it as the "new" Seanad and the reason each new Seanad is given a new number.

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: This Seanad is a new body. The House agreed for the Bill to be reinstated, as the Minister said, but in practical terms there are 35 Members who have never seen this Bill before. I supported the Bill and voted for it in the last Seanad and I still support it even though I will support many of Senator Norris's amendments because they will improve it. The Minister has an extraordinary way of...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: I ask for a certain amount of leeway. Members should be permitted to make points. It is a parliamentary convention rather than a rule that Members table amendments on Committee Stage which reflect and follow on from the points made on Second Stage. In this case, 35 out of 60 Members do not have this opportunity. It would be a gentle and open decision to allow a wider debate.

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: The Minister should note that an important issue arises in this regard, which reverberates with the issue of provisional licences. While I had intended to raise this matter in the debate on section 1, all Bills that contain a variety of commencement dates should include a covering statement, namely, provided that the Act will be commenced fully by a particular date. An issue comes into...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: I appreciate very much the response the Minister gave on the timelines. I would be much reassured to have a "not later than" date or a commencement date introduced on Report Stage. I have a very good reason for doing this. On two occasions in the past year I have come across legislation where a Minister exercised a power under a subsection but where there was a qualification to that...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: I appreciate that.

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: I fully support this section as it is useful and necessary. In my experience as vice-chairperson of a body much beloved of lawyers, the Personal Injuries Assessment Board, I have come across legislation in which it is a breach of law to exaggerate a claim. I notice that the phrase used by the Minister here is "false or misleading". I would like to hear his view on whether the word...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: I thank the Minister for his clarification, which I accept because it makes logical sense. Section 7(7) states: "A person guilty of an offence under this section shall be liable...". As the affidavit would be lodged as part of the evidence, why is the offence not perjury? Is this a new offence or is it different to perjury? I have no objection to the intention of section 7, but is this a...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: On a related issue, the section does not allow for a class action according to my reading. Much that I wish there was an opportunity to take a class action, there would appear to be a requirement for a substantial burden of proof. For example, were Senator Walsh to make a sweeping, populist condemnation of the decent public servants around the country and I to take it personally——

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: ——I would need to prove that his statement referred to me in particular. I want an answer to my next question more than that one. Could a person take a case on behalf of a group of lawyers, teachers or the Traveller community in the sense that a statement affecting all Travellers, for example, also affected the person? If the statement impugned the reputation of the group to which I...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: The term "in particular" dilutes my preferred intention. A significant protection for groups within society, such as those referred to by Senator Norris, could be built into the Bill. Would it be possible for someone to take a class action on behalf of gay people or another group?

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: In the event of someone being successful in putting forward a claim of defamation under section 9 — the defamatory statement would have had the effect of impugning a class of persons and damaging that class's reputation — would every member of the class be covered and able to state a case or would each case be separate? I have asked a series of questions on the matter of class actions....

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: I register disagreement with my distinguished and much esteemed colleague, Senator Norris, and with the two speakers subsequent to him on this matter. I could give countless examples of why this section is necessary. I mentioned the Personal Injuries Assessment Board earlier and about a year ago I read in the Irish Independent three pages of inaccuracies relating to its board of directors,...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: No.

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: No, it was defamatory of the organisation.

Seanad: Order of Business (5 Dec 2007)

Joe O'Toole: There have been many emotional discussions and debates about the merits of centralisation and decentralisation. In light of the agreement of all parties on the merits of decentralisation, it is unacceptable that there is a proposal before the Government at present to close the marine rescue stations in Malin and Valentia. It is appalling that we should do this. It shows a lack of...

Seanad: Order of Business (5 Dec 2007)

Joe O'Toole: Under section 9.