Results 3,941-3,960 of 16,537 for speaker:Brian Lenihan Jnr

Written Answers — Citizenship Applications: Citizenship Applications (4 Dec 2007)

Brian Lenihan Jnr: An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the Citizenship section of my Department in May 2005. Officials in that section are currently processing applications received in the beginning of 2005 and have approximately 1,700 applications on hand to be dealt with before that of the person concerned. These are...

Written Answers — Garda Deployment: Garda Deployment (4 Dec 2007)

Brian Lenihan Jnr: I am informed by the Garda Commissioner that as of 30 September 2007, the latest date for which figures are readily available, the number of community Gardaí attached to the Limerick Division was 57. All Gardaí have a responsibility, inter alia, to be involved in Community Policing issues as they arise. The Deputy will appreciate that, as with any large organisation, on any given day, the...

Written Answers — Garda Investigations: Garda Investigations (4 Dec 2007)

Brian Lenihan Jnr: I am informed by the Garda authorities that on 9 November, 2007 nine incidents of criminal damage to cars in the area referred to by the Deputy were reported. Two juveniles have been arrested in relation to the incident and an investigation file is being prepared for the direction of the Law Officers. I am also informed that following a Garda investigation into a similar incident on 19...

Written Answers — Road Traffic Offences: Road Traffic Offences (4 Dec 2007)

Brian Lenihan Jnr: Under the Road Traffic (Traffic and Parking) Regulations 1997 it is an offence to drive past a sign where the unladen weight of the vehicle exceeds that specified on the traffic sign. This offence became a fixed charge offence on 3 April, 2006. I am informed by the Garda authorities that the three tonne limit on Kennelsfort Road is being enforced by local District Garda personnel supported by...

Written Answers — Human Trafficking: Human Trafficking (4 Dec 2007)

Brian Lenihan Jnr: The Anti-Human Trafficking Unit will be based in — and staffed by civil servants of — my Department. As I have indicated publicly, I intend to appoint a senior official of my Department to the newly created post of Executive Director of the Unit and a selection process, subject to standard selection criteria, is under way in my Department at present in relation to the filling of the...

Written Answers — Visa Applications: Visa Applications (4 Dec 2007)

Brian Lenihan Jnr: The applications referred to by the Deputy were received in the Visa Office, Dublin, on 24 October 2007. They were refused by the Visa Officer on 6 November 2007 for a number of reasons: 1.Financial evidence provided was deemed insufficient or incomplete 2.Obligations to return home were not deemed sufficient 3.It was the opinion of the Visa Officer that the applicants may not observe the...

Written Answers — Closed Circuit Television Systems: Closed Circuit Television Systems (4 Dec 2007)

Brian Lenihan Jnr: The Deputy will be aware that the CCTV system referred to in Parliamentary Question No. 597 of 27 November 2007 is one which is proposed to be developed under the Community-based CCTV Scheme, which is designed to support local communities who wish to install CCTV systems in their area in order to enhance public safety and reduce the risk of anti-social and criminal activity. The group...

Written Answers — Citizenship Applications: Citizenship Applications (4 Dec 2007)

Brian Lenihan Jnr: An application for a certificate of naturalisation from the person referred to was received in the Citizenship section of my Department in October 2007. The application has not yet been examined in detail. Examination of the residency requirement will take place in the near future and the applicant will be contacted at that time advising him of any shortfall in his residency and when...

Written Answers — Citizenship Applications: Citizenship Applications (4 Dec 2007)

Brian Lenihan Jnr: An application for a certificate of naturalisation from the person referred to in the Deputy's question was received in the Citizenship section of my Department in August 2006. Officials in that section are currently processing applications received at the beginning of 2005 and have approximately 8,500 applications on hand to be dealt with before that of the person concerned. These are...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Brian Lenihan Jnr: The section before the House deals with the citation and commencement of the Bill when enacted. In reply to the more general point, it is a matter for Seanad Éireann to regulate its procedures. The Government made a decision that the Bill should be restored to the Order Paper on the commencement of Committee Stage. As Senator Norris is well aware, Seanad Éireann is a body with a...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Brian Lenihan Jnr: Dublin University has been fairly continuous to the Senator.

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Brian Lenihan Jnr: It is not for me to talk to Senators about their own procedures but they are trying to have it both ways in their more recent comments on this Bill.

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Brian Lenihan Jnr: No, I mean the Senators opposite. The Seanad has voted to restore the Bill which the Seanad voted for on Second Stage and not a different Bill prepared by the Minister.

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Brian Lenihan Jnr: If a new Bill was required then this would be a new Bill. However, this Bill was approved by this House on Second Stage. I appreciate the point made by Senators Regan and Norris that this is a Bill which may require amendment. It would have been open to the Government to have commenced the discussion on this Bill at section 20 but we did not do so; we have returned to the beginning of the...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Brian Lenihan Jnr: We were given the option.

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Brian Lenihan Jnr: The new tort of defamation is defined in section 5 of the Bill. It states: The tort of libel and tort of slander . . . shall cease to be so described, and . . . shall, instead, be collectively described, and are referred to in this Act, as the "tort of defamation". When one is transiting from a particular cause of action to another, it is desirable that it be done in clear language in a...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Brian Lenihan Jnr: With the leave of the Leas-Chathaoirleach, I will return to section 1 with Senator O'Toole who asked a question about the commencement of the legislation. I appreciate we have moved on two sections but I am delighted to deal with the issue. This Bill could be enacted without a commencement provision. It could enter into force seven days after the signature of the President. I am open to...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Brian Lenihan Jnr: I am happy to go back to the Parliamentary Counsel and have him examine the issue raised by Senator Regan. The matter will be examined but it has been included out of an abundance of caution. On Senator O'Toole's point, I would favour having a fixed date for the commencement of the Act and inserting that date in the legislation. The best solution is that one would fix a definite date upon...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Brian Lenihan Jnr: In considering section 7, we must take account of the inner nature of the defamation action. Historically, the pleading stated that the defendant did falsely and maliciously say of and concerning the plaintiff matters which lowered the plaintiff in the eyes of upstanding members of the community. There was never an onus on the plaintiff to prove that the matters were false and untrue. The...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Brian Lenihan Jnr: A pleading, in law, is an assertion of fact which is not sworn to or verified on oath, so it is not evidence. It is simply a description of the framework within which a plaintiff wishes to present a case or a defendant wishes to present a defence. Historically, in the law of defamation, pleadings were exchanged between the parties, a notice of trial was served and a hearing took place. It...