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Seanad: Order of Business (8 Mar 2011)

Paul Coghlan: The Senator's allegations have been refuted.

Seanad: Order of Business (8 Mar 2011)

Paul Coghlan: Said with some relief, no doubt.

Seanad: Order of Business (8 Mar 2011)

Paul Coghlan: Father of the House.

Seanad: Death of Former Member: Expressions of Sympathy (8 Mar 2011)

Paul Coghlan: Did the Senator have chocolate that evening?

Seanad: Death of Former Member: Expressions of Sympathy (8 Mar 2011)

Paul Coghlan: With a suitable bar.

Seanad: Death of Former Member: Expressions of Sympathy (8 Mar 2011)

Paul Coghlan: I, too, want to be associated with all the kind remarks about the late Senator Willie Farrell. I served here with him from 1997 until 2002 and we were on the same panel. I joked earlier about chocolate, but that was a reference to slightly later. Despite that fact, however, we became great friends. He had lovely stories and was always prepared to give one the arm, and advice, which was...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Paul Coghlan: I am supportive of that proposal.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Paul Coghlan: We all subscribe fully to Senator Quinn's intention in the purpose of this Bill, which unfortunately has been watered down, and we may be straying somewhat in not specifically addressing this section, to which the Senator has tried specifically to draw attention. I share Senator O'Malley's concern that the manufacture and delivery of building materials to site are not covered. I will deal...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Paul Coghlan: Might a retention-of-title clause assist in the contract to surmount the problem?

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Paul Coghlan: The proposed section 3(1)(c) states, "in any other case, where the value of the contract is not more than €200,000." The sum of €50,000 would be a more relevant figure in this case because of the value of what is involved.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Paul Coghlan: I hope it will be reconsidered.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Paul Coghlan: I understand Senator Quinn's very good intentions but I must strongly oppose amendment No. 6 which proposes: (12) The decision of the adjudicator shall not be binding if the payment dispute is referred to arbitration or proceedings are otherwise initiated in relation to the decision unless the parties agree to accept the decision as finally determining the payment dispute. This is wrong, in...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Paul Coghlan: As the intention is to provide a speedy resolution, if the matter is going to arbitration we should not scupper the cash flow. Could we get around this? Taking up what Senator O'Toole has said, perhaps the money could flow and we could shorten the arbitration period if it is going to go beyond adjudication. The intention in Britain and elsewhere is to provide a speedy resolution in order...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Paul Coghlan: Senators Quinn and O'Toole have made the case on why subsection (12) should not stand as it is. We should accept adjudication and cash should flow as a consequence pending arbitration. We should ensure that we do not scupper cash flow to the subcontractor who could be put out of business being a much smaller unit. As Senator O'Toole observed, the big fellows can play hell with this by...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Paul Coghlan: I oppose section 8.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Paul Coghlan: I oppose subsection (12) on page 9 of the Bill.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Paul Coghlan: I am sorry. I refer to amendment No. 8.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Paul Coghlan: I am no good that way.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Paul Coghlan: I must be elected again first. I will cover again what has been said. I am glad to hear the Minister of State indicate that the officials will consider the Bill with a view to taking on board what has been said, with the Bill being improved. I am sure the Minister of State will also brief his successor with regard to this measure's importance and that it will be suitably dealt with. I...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Paul Coghlan: I compliment Senator Quinn on all the work he has put into this Bill, as well as those who assisted him, especially in the Department of Finance. I regret that Senator O'Toole is bowing out because he has made some very pertinent and relevant points, not just in regard to this Bill but also on greenfield legislation and the value of the Seanad. It is a pity he is retiring from the House...

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