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Seanad: Health (Amendment) Bill 2004: Second Stage. (26 May 2004)

Jim Walsh: That is the type of parliamentary democracy we have.

Seanad: Health (Amendment) Bill 2004: Second Stage. (26 May 2004)

Jim Walsh: I did not use the word "democratic". I referred to "parliamentary democracy".

Seanad: Health (Amendment) Bill 2004: Second Stage. (26 May 2004)

Jim Walsh: The Labour Party would know that better than any other party.

Seanad: Adoptive Leave Bill 2004: Committee Stage. (26 May 2004)

Jim Walsh: While the amendment might appear plausible, the Bill is a fairly significant step forward for adoptive parents. It will bring them into line with natural parents in this area, which is a good initiative. However, we must also be mindful of maintaining a balance. It is an imposition on employers, particularly on small employers, which must be recognised. Building into the legislation such a...

Seanad: Adoptive Leave Bill 2004: Committee Stage. (26 May 2004)

Jim Walsh: It is a financial burden.

Seanad: Adoptive Leave Bill 2004: Committee Stage. (26 May 2004)

Jim Walsh: Can I speak on the amendment again?

Seanad: Adoptive Leave Bill 2004: Committee Stage. (26 May 2004)

Jim Walsh: The amendment is unnecessary because the Bill states the minimum period may be extended by order by the Minister. It therefore provides ministerial discretion to do that at any stage and not just annually. I want to comment on this and other legislation as an imposition on employers. This is a progressive measure as it recognises the role of adoptive parents for the first time. It equates...

Seanad: Adoptive Leave Bill 2004: Committee Stage. (26 May 2004)

Jim Walsh: The rug was taken from under my feet when two amendments were withdrawn. This was the earliest opportunity I had to get back to my point.

Seanad: Adoptive Leave Bill 2004: Committee Stage. (26 May 2004)

Jim Walsh: Why not?

Seanad: Adoptive Leave Bill 2004: Committee Stage (Resumed). (26 May 2004)

Jim Walsh: It is amazing what one can draw up on to support an argument. A short while ago Senator Terry made a strong case for equality between adoptive and natural parents. She now argues for inequality. She asks that people who are adopting children be allowed time off work for overseas meetings, familiarisation visits, interviews or assessments.

Seanad: Adoptive Leave Bill 2004: Committee Stage (Resumed). (26 May 2004)

Jim Walsh: How could such a system function practically? Adoptive parents will travel abroad for genuine reasons, but how could an employer control a system which allows an employee to travel anywhere in the world to examine adoption systems and see if he or she could adopt a baby? Such a system would be wide open to abuse and would be uncontrollable. This is not a serious amendment. Next week we may be...

Seanad: Adoptive Leave Bill 2004: Committee Stage (Resumed). (26 May 2004)

Jim Walsh: The Minister is bringing their rights into line with those of natural parents. This is a progressive measure. It is not necessary to go beyond that point. It is open to employers to give adoptive leave. Many employers do so, by agreement with their employees, if they can afford to do it. However, we must be mindful of the many employers who have neither the financial nor the human resources...

Seanad: Adoptive Leave Bill 2004: Committee Stage (Resumed). (26 May 2004)

Jim Walsh: Not at the moment.

Seanad: Adoptive Leave Bill 2004: Committee Stage (Resumed). (26 May 2004)

Jim Walsh: I refer to Senator McDowell's comments. He acknowledged that I did not intend to be critical of adoptive parents and their present practices. Not alone did I not intend to be critical, but I did not say that. Senator Terry was present in the House and I am not sure if Senator McDowell was present when in the debate on Second Stage I fully recognised the role played by adoptive parents in...

Seanad: Child Trafficking and Pornography (Amendment) Bill 2004: Second Stage. (27 May 2004)

Jim Walsh: I welcome the Minister to the House for the debate on the Bill, which is short but important in that it will ensure that the Child Trafficking and Pornography Act 1998 does not become an impediment to any activities the Houses of the Oireachtas or any committees of the Oireachtas might undertake. I welcome the Minister's comments that the 1998 Bill is a model which other parliaments have...

Seanad: Child Trafficking and Pornography (Amendment) Bill 2004: Committee and Remaining Stages. (27 May 2004)

Jim Walsh: My point is similar to that made by Senator Hayes. Section 1(b) states: the possession, distribution, printing, publication or showing by either House of the Oireachtas, a committee (within the meaning of that Act) or any person of child pornography for the purposes of, or in connection with, the performance of any function conferred by the Constitution or by law on those Houses or conferred...

Seanad: Child Trafficking and Pornography (Amendment) Bill 2004: Committee and Remaining Stages. (27 May 2004)

Jim Walsh: It is important that legislation is not directed specifically. There would be situations where a committee of the House might find it necessary, if specific legislation was being introduced, to access some of these images in order to inform itself for the purpose of tabling amendments that might require to be introduced to legislation generally. This will have a general application, in my...

Seanad: Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) (Amendment) Bill 2004: Second Stage. (27 May 2004)

Jim Walsh: I join Senator Brian Hayes in welcoming the Minister of State. Deputy Hanafin's family has a long and distinguished connection with the Seanad. I also welcome the introduction of this Bill. The purpose of the Bill is to assist any process initiated with regard to the constitutional or legislative issues which arise under Article 35.4. As Senator Hayes has pointed out, that process needs to be...

Seanad: Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) (Amendment) Bill 2004: Committee and Remaining Stages. (27 May 2004)

Jim Walsh: The Senator has raised an interesting issue. Is it correct to use the word "incriminate" as it would apply in a court given that the committee will only gather evidence and establish facts to present to the House?

Seanad: Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) (Amendment) Bill 2004: Committee and Remaining Stages. (27 May 2004)

Jim Walsh: This is a distinction between that process on the one hand and the court on the other where a prosecution would follow. Evidence will be gathered through this process and it is open to anybody who is called before it, including the relevant judge, to provide the evidence and answer questions. The sub-committee will not act with adjudicative powers.

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