Results 301-320 of 1,150 for speaker:Frank Fahey

Disability Bill 2004: Report Stage. (18 May 2005)

Frank Fahey: Justiciable rights are not found in legislation in countries such as Australia, New Zealand, the United States, Canada, Britain and Sweden, which are the most advanced countries in the world in terms of legislation on disabilities and other human rights.

Disability Bill 2004: Report Stage. (18 May 2005)

Frank Fahey: If those Members of the Opposition speaking were in government it still would not be possible to provide for justiciable rights which are not dependent on resources. I must reject those amendments put down this evening. I wish to retain the current Long Title of the Bill which adequately describes the intent and purpose of the Bill. The Bill places obligations on the State to provide the many...

Disability Bill 2004: Report Stage. (18 May 2005)

Frank Fahey: They have now been provided in the multi-annual package being provided by the Department of Finance.

Disability Bill 2004: Report Stage (Resumed). (19 May 2005)

Frank Fahey: The legislation is a positive action measure and the Long Title reflects that accurately. I do not intend, therefore, to accept the amendments. I will retain the present Long Title which adequately describes the intent and purpose of the legislation.

Disability Bill 2004: Report Stage (Resumed). (19 May 2005)

Frank Fahey: No legislation has been passed in this House that did not have conditions attached in respect of resources. All legislation is predicated on the availability of resources and this Bill is no exception. The Long Title reflects what is contained in the Bill. If the members of the Opposition who have spoken on this section of the Bill were in Government, the situation would not be any different....

Disability Bill 2004: Report Stage (Resumed). (19 May 2005)

Frank Fahey: Deputy McGrath is making a fundamental mistake in giving examples such as the ones he mentioned earlier, because all spending is subject to the Estimates and budgetary processes of the Department of Finance and other Departments. This legislation underpins a multi-annual expenditure programme, as outlined by the Minister for Finance, which is designed to bridge the gaps in funding and...

Disability Bill 2004: Report Stage (Resumed). (19 May 2005)

Frank Fahey: The rights range across the spectrum, but there is not a justiciable right of redress to the courts. Deputy Lynch has been eloquent on this issue but even if justiciable rights were included in the Bill, that would not guarantee a right to services, as she has claimed. The experience of the Department of Education and Science in the courts is ample evidence of that. Every €1 paid out to...

Disability Bill 2004: Report Stage (Resumed). (19 May 2005)

Frank Fahey: Amendment No. 4 would relegate the remaining provisions of the Bill dealt with in Parts 3 to 7 to the status of miscellaneous provisions. I believe the Bill represents a more comprehensive response to the concerns of disability than the Title proposed seeks to convey. On amendment No. 5, putting exclusive emphasis on rights will not give us the most effective results. I want to refer again to...

Disability Bill 2004: Report Stage (Resumed). (19 May 2005)

Frank Fahey: Then it is time to get away from the courts.

Disability Bill 2004: Report Stage (Resumed). (19 May 2005)

Frank Fahey: With regard to the point made by Deputy Lynch, I believe the Bill is constitutional and the advice of the Attorney General to the Government is that the Bill is robust and will withstand any constitutional challenge.

Disability Bill 2004: Report Stage (Resumed). (19 May 2005)

Frank Fahey: It is not correct that I do not have the authority to make amendments. I listened carefully——

Disability Bill 2004: Report Stage (Resumed). (19 May 2005)

Frank Fahey: Section 1 provides for commencement orders by the Minister for Justice, Equality and Law Reform in respect of the Bill except for Part 2. This is a matter for the Minister Health and Children, after consultation with the Minister for Education and Science, as these Ministers have primary responsibility for the matters covered in that part of the Bill. Amendments Nos. 6, 7 and 10 seek to...

Disability Bill 2004: Report Stage (Resumed). (19 May 2005)

Frank Fahey: Since Committee Stage, I have consulted the parliamentary counsel's office and I have taken into account the recommendations made by the Law Reform Commission in 2000 regarding the use of plain language in legislative drafting, which promotes the use of the active voice. The text as drafted is in accordance with these recommendations and uses the active voice and future tense, rather than the...

Disability Bill 2004: Report Stage (Resumed). (19 May 2005)

Frank Fahey: I move amendment No. 13a: In page 6, line 24, to delete "of," and substitute "of". This is a technical amendment to rectify a proofing error.

Disability Bill 2004: Report Stage (Resumed). (19 May 2005)

Frank Fahey: I move amendment No. 13b: In page 6, lines 26 and 27, to delete "Local Government Acts 1925 to 2003" and substitute "Local Government Act 2001". This is a technical amendment to import into the Bill the correct definition of local authorities contained in the Local Government Act 2001. I am grateful to Deputy Lynch for bringing this matter to my attention on Committee Stage. Deputy Lynch's...

Disability Bill 2004: Report Stage (Resumed). (19 May 2005)

Frank Fahey: I move amendment No. 14a: In page 6, line 31, after "operates" to insert "a". This is a technical amendment to make a grammatical correction. Amendment No. 15 seeks to replace the terms "historic or touristic" in referring to railway with the term "heritage". I amended the definition of passenger transport services on Committee Stage to reflect concerns expressed by Members and others that...

Disability Bill 2004: Report Stage (Resumed). (19 May 2005)

Frank Fahey: The Bill is a positive action measure geared to support participation by people with disabilities in society. It places a significant positive obligation on public service providers in this respect. The extension of such obligations to voluntary and private bodies could be viewed as an unreasonable encroachment into service organisations, particularly those run on a commercial basis. These...

Disability Bill 2004: Report Stage (Resumed). (19 May 2005)

Frank Fahey: I did not say that.

Disability Bill 2004: Report Stage (Resumed). (24 May 2005)

Frank Fahey: On Deputy Finian McGrath's point that the battle for rights goes on, I suggest that the battle for services goes on. I agree with him that there are gaps in the service.

Disability Bill 2004: Report Stage (Resumed). (24 May 2005)

Frank Fahey: I come across them every day.