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Written Answers — Ministerial Meetings: Ministerial Meetings (5 Jul 2011)

Alan Shatter: The Management Advisory Committee (MAC) meets on a weekly basis in the Department of Defence and is chaired by the Secretary General. I have had two formal meetings with the MAC in my Department on 20 May and 27 June. I will continue to chair meetings with the MAC on a monthly basis. I liaise with the Secretary General and other members of the MAC on a daily basis, or as necessary.

Written Answers — Departmental Agencies: Departmental Agencies (5 Jul 2011)

Alan Shatter: The Department of Defence does not pay rent or hold leases in respect of the office accommodation occupied by the agencies under its aegis. The Army Pensions Board is located in St. Bricin's Hospital. The Defence Forces Canteen Board is located in McKee Barracks. Both locations form part of the Defence property portfolio and the question of rent does not arise. In the context of settling...

Written Answers — Departmental Staff: Departmental Staff (5 Jul 2011)

Alan Shatter: The bodies under the aegis of my Department are the Civil Defence Board, the Army Pensions Board and the Board of Coiste an Asgard. There are no Secretaries General sitting on the above boards.

Seanad: Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage (5 Jul 2011)

Alan Shatter: This amendment provides that section 39 of the Bill in relation to court matters will not require a commencement order. It is likely that further amendments to section 1 will be required on Report Stage to ensure we include all provisions that do not require a commencement order. This will be necessary as a number of further amendments are being contemplated in regard to existing Parts of...

Seanad: Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage (5 Jul 2011)

Alan Shatter: This provision is a big step forward. I recall saying from the Opposition side of the Dáil over a number of years that it was of crucial importance that victims of human trafficking should have access to legal assistance and advice. The Bill puts this in statutory form in a manner that also allows us to comply with international obligations. I thank Senators for their contributions. The...

Seanad: Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage (5 Jul 2011)

Alan Shatter: I propose to discuss amendments Nos. 2 and 3 together. I thank the Senator for proposing the amendment. I disagree in principle with absolutely nothing he said. Amendment No. 2 proposes to add a new subparagraph (d) to the provision which makes reference to the purposes of benefitting the community in the context of the definition of voluntary work. I am advised that the amendments are...

Seanad: Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage (5 Jul 2011)

Alan Shatter: On the latter issue, this is an area about which I am particularly concerned. We had difficulties last winter when some people were worried that if they voluntarily cleared the paths outside their houses and someone later slipped there, they might be sued. Some shopkeepers in retail outlets across the country were vigorous in trying to tidy up areas adjacent to their shops while others did...

Seanad: Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage (5 Jul 2011)

Alan Shatter: These are technical amendments to section 2(1) of the Private Security Services Act 2004. Amendment No. 4 is a drafting amendment to improve the layout of the section and was advised by the Parliamentary Counsel. Amendments Nos. 5 and 6 and paragraphs (b) and (c) of amendment No. 7 replace the reference to "for remuneration" with "in the course of a business, trade or profession". This...

Seanad: Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage (5 Jul 2011)

Alan Shatter: The alleged scandalous conduct revealed by a certain newspaper in the United Kingdom would, under our legislation, fall under telecommunications legislation and would be dealt with in that context. I will not pretend to be an expert in the law in those areas, but I understand that type of conduct, where a media outlet conducts itself in that fashion, may well give rise to criminal offences...

Seanad: Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage (5 Jul 2011)

Alan Shatter: I understand the section allows for the appointment of individuals as inspectors, subject to specific contractual conditions. It would be for the authority to ensure compliance with those conditions and that there is proper compliance with the law. That is the essential position. For the Senator's information, the authority currently has four full-time inspectors who are appointed from...

Seanad: Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage (5 Jul 2011)

Alan Shatter: I agree entirely with the Senator that all of those issues are issues of concern and importance. We are all aware of unsavoury and unnecessary incidents that have occurred on occasion. We have read about such incidents in court proceedings that have ensued. There is a responsibility on the authority to ensure it deals with the inspections appropriately and that appropriate people are...

Seanad: Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage (5 Jul 2011)

Alan Shatter: This amends section 37 of the Private Security Services Act 2004 and is proposed to deal with the prohibition of an unlicensed security service. This section requires the licensing of both individuals and contractors in all cases. Research carried out by the Private Security Authority indicates there may be instances where it may not always be necessary, particularly in light of the...

Seanad: Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage (5 Jul 2011)

Alan Shatter: This inserts a new subsection in section 48 of the 2004 Act to allow for the possibility of costs and expenses to be awarded to the Private Security Authority in cases prosecuted by the authority. There is currently no express jurisdiction to award costs and the amendment rectifies this position. It is a desirable amendment.

Seanad: Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage (5 Jul 2011)

Alan Shatter: This is a drafting amendment necessary to clarify the meaning of the provision.

Seanad: Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage (5 Jul 2011)

Alan Shatter: Regarding the last issue, since I made my comments I have heard no more from the vintners groups to indicate that they are extricating themselves from their agreement to abide by the code of practice. I am still hoping we will get more enlightenment in a response to that issue. It is important the code of practice is given statutory effect. This is an important move forward. Consideration...

Seanad: Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage (5 Jul 2011)

Alan Shatter: Amendment No. 11 is a technical drafting amendment to provide for definitions of the Employment Equality Acts and the Equal Status Act relevant to Part 6 of the Bill. Amendments Nos. 16 to 18, inclusive, insert a new section before section 19 and a new section after section 19. Amendment No. 16 substitutes a new paragraph (a) in section 21(7a) of Equal Status Act, as amended, to correct a...

Seanad: Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage (5 Jul 2011)

Alan Shatter: Amendment No. 12 inserts a new section in Part VI of the Bill, the effect being again to correct a typographical error in the context of the word "construed" in the existing Act of 1998. Amendment No. 13 deletes subsection (2) in section 5 of the Act of 1998, which is now redundant. Subsection (2) makes reference to section 14 of the Employment Equality Act 1977 and orders made thereunder....

Seanad: Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage (5 Jul 2011)

Alan Shatter: I thank all Senators who have contributed to this debate. This is only the start of a debate on a very important issue. I return to what I said on Second Stage, namely, these are two reforms of importance but they are small compared with the very substantial insolvency Bill which is being prepared in my Department and which we are required to publish in the first quarter of 2012 under the...

Seanad: Civil Law (Miscellaneous Provisions) Bill 2011: Committee Stage (5 Jul 2011)

Alan Shatter: The amendment proposes a reduction of the period before application for an order for discharge can be made from five to three years. It makes no distinction regarding individuals who might have recklessly traded or led extraordinarily or foolishly lavish lifestyles compared with their neighbours and, as a consequence, did not pay their taxes. There is no distinction in the legislation or in...

Leaders' Questions (6 Jul 2011)

Alan Shatter: One would think they were never in charge of the health service.

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