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Seanad: Order of Business (19 May 2009)

Joe O'Toole: I second Senator Fitzgerald's proposed amendment because it is important to do so. In the last three or four sitting days the Leader gave a commitment to 22 different items for debate. I certainly want to see how the order of this House is set. Issues have been raised, such as Senator MacSharry's last week or the week before on the need for us to discuss Standing Orders and the way we...

Seanad: Order of Business (19 May 2009)

Joe O'Toole: Hear, hear.

Seanad: Order of Business (19 May 2009)

Joe O'Toole: Hear, hear.

Seanad: Order of Business (20 May 2009)

Joe O'Toole: I support some of the comments of my colleague, Senator Fitzgerald, on the abuse of children. I remind the Leader of his commitment two weeks ago to hold a discussion whenever necessary on the matter of child abuse in Monageer. Another report will be published today. The Government made a despicable and disgraceful decision this morning to withdraw support for the Middletown Centre for Autism.

Seanad: Order of Business (20 May 2009)

Joe O'Toole: It was to have been a state-of-the-art centre, a manifestation of the good of the North-South Ministerial bodies and a concrete expression of the Good Friday Agreement. It has been subjected to much political abuse. Ken Magennis in the North has tried to bury it time and again. This House has been quick to criticise unionist interests in the North which oppose North-South and all-island...

Seanad: Order of Business (Resumed) (20 May 2009)

Joe O'Toole: It is in the bloodline.

Seanad: Order of Business (Resumed) (20 May 2009)

Joe O'Toole: Some of us are very happy about it.

Seanad: Order of Business (Resumed) (20 May 2009)

Joe O'Toole: On the basis of the Leader's commitment to put this matter on the agenda for next week, I am prepared to take his word for that. I presume we will be told about it at the leaders' meeting next week.

Seanad: Companies (Amendment) Bill 2009: Committee Stage (20 May 2009)

Joe O'Toole: Absolutely, I do not want to hear about what is coming next year.

Seanad: Companies (Amendment) Bill 2009: Committee Stage (20 May 2009)

Joe O'Toole: I am disappointed. The Government wonders why it gets bad publicity but this is a classic example. This simple amendment shows authority and commitment. When people criticise the Government for not putting laws in place, this is what they mean. The Minister said she intends to deal with this issue in the consolidation Bill next year and no one disagrees with that. The Minister has not...

Seanad: Companies (Amendment) Bill 2009: Committee Stage (20 May 2009)

Joe O'Toole: I understand that but I sat in this seat in 1990 when the original legislation was passed. We had many discussions on this issue and on the importance of having a consolidated Bill. Then we went away for the summer holidays with our buckets and spades and suddenly the beef industry fell apart. The then Government needed to act urgently to deal with that and both Houses reconvened to pass...

Seanad: Companies (Amendment) Bill 2009: Committee Stage (20 May 2009)

Joe O'Toole: There are Brownie points to be won by the Minister in doing this. She is getting enough hassle knocking on doors around the country. She should put something on the credit side, namely, that we will not stand for nonsense. If I was arguing against the Minister on a doorstep and there was a proposal before her to deal with bankers and other people who will not supply information by imposing...

Seanad: Companies (Amendment) Bill 2009: Committee Stage (20 May 2009)

Joe O'Toole: I did not have it at the time so I was stuck with the buckets and spades.

Seanad: Companies (Amendment) Bill 2009: Committee Stage (20 May 2009)

Joe O'Toole: The point at issue is clear. We should be increasing the fines in regard to these issues. If this is not the correct way to do it, we should be doing it the right way. We listened to the contributions on Second Stage. Senator Callely spoke about various problems with laws and asked if this legislation could provide for this, that or the other. I will call for a vote on every section. I...

Seanad: Companies (Amendment) Bill 2009: Committee Stage (20 May 2009)

Joe O'Toole: The Minister is absolutely correct in the point she makes about the broadness of the interpretation. I have been on the receiving end of this issue where lawyers just read exactly what the Minister has read out and which is certainly broad enough. However, there is a suggestion there that the director has to know what he is looking for, if the Minister understands me. The reference to...

Seanad: Companies (Amendment) Bill 2009: Committee Stage (20 May 2009)

Joe O'Toole: On a point of clarification, these additional powers which the Minister has given to the Director of Corporate Enforcement, are general powers and not just to do with loans. Do I take it they just extend his powers for any of his work?

Seanad: Companies (Amendment) Bill 2009: Committee Stage (20 May 2009)

Joe O'Toole: I thank the Minister.

Seanad: Companies (Amendment) Bill 2009: Committee Stage (20 May 2009)

Joe O'Toole: I prefer Fine Gael when it is in a more exuberant mood. I do not see myself as a Member of the Opposition, but take each issue as I find it. In this case I find myself very firmly on the side of the Government. Whereas I take the point Senator Cannon made as regards the importance of them, I certainly do not want people prohibited from diligently doing their work. Nonetheless, the words...

Seanad: Companies (Amendment) Bill 2009: Committee Stage (20 May 2009)

Joe O'Toole: In an attempt to be helpful to Senator Cannon, I ask the Minister to clarify the following point. If a company felt it was being unfairly dealt with and that what was happening was not practicable, what recourse would be available to it? It is my understanding that the company could seek a mandamus injunction requiring the Director of Corporate Enforcement to return the documentation. In...

Seanad: Companies (Amendment) Bill 2009: Committee Stage (20 May 2009)

Joe O'Toole: I would like to hear the basis of Senator Cannon's amendment. I am always reluctant to make references to the Constitution in legislation. All legislation must be constitutional. Was a particular issue in this regard brought to Senator Cannon's notice? I have spoken on this issue several times in the House. If one makes reference to constitutional rights in legislation one must do so in...

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