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Seanad: Business of Seanad. - Digital Hub Development Agency Bill 2002: Committee Stage. (23 Oct 2002)

Dermot Ahern: That is different.

Seanad: Business of Seanad. - Digital Hub Development Agency Bill 2002: Committee Stage. (23 Oct 2002)

Dermot Ahern: On amendment No. 16, the Higher Education Authority is on the existing board. There are other educational interests that would have to be accommodated in the new agency. It would be impractical to give the reasons for every board appointment in writing to the Oireachtas. If that was to be applied to all State boards, it would be an onerous operation that would take a very long time. These...

Seanad: Business of Seanad. - Digital Hub Development Agency Bill 2002: Committee Stage. (23 Oct 2002)

Dermot Ahern: I have been a Minister for a couple of years and I often wonder why people wish to go on boards. I am not being flippant, but there are times when it is difficult to fill board vacancies. It is often difficult to get people of calibre. However, that does not apply in this case. The most recent appointment to the board was the change of the chairperson. William Burgess has an excellent track...

Seanad: Business of Seanad. - Digital Hub Development Agency Bill 2002: Committee Stage. (23 Oct 2002)

Dermot Ahern: This is taking on more responsibility because it will be a statutory board from now on. As regards appointments I have made to boards since I became a Minister, if I was required to justify in writing why someone should or should not be appointed, it would be a practical nightmare. It would also be dangerous because people might at a later date see something about themselves in it which they...

Seanad: Business of Seanad. - Digital Hub Development Agency Bill 2002: Committee Stage. (23 Oct 2002)

Dermot Ahern: I forgot to refer to the Senator's point about the institutes of technology. We hope they will have a fairly substantial role in the development of the digital hub.

Seanad: Business of Seanad. - Digital Hub Development Agency Bill 2002: Committee Stage. (23 Oct 2002)

Dermot Ahern: As regards the institutes of technology, I accept the Senator's point and I will bear it in mind. On the last point made by Senator Ryan, it would put a huge onus on the Minister to explain the whys and wherefores of an appointment. I have experience of making appointments to boards and it would be difficult to do that. It would also create a lot of unnecessary paper. Amendment put and...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: Section 19(8) of the Bill provides that in the absence of the chief executive, his or her functions may be performed by a member of staff so designated by the agency. There is no provision whereby the chairperson would perform the functions of the chief executive and, therefore, the amendment proposed is not required. On a point of clarification, pending the establishment of the agency the...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: The quorum proposed is roughly one third of the membership and I and my officials consider it the best arrangement that could be arrived at. It is not a lot to ask that at least one third of the membership be available. On amendment No. 21 relating to tele-conferencing, the existing provision does not preclude the holding of a meeting by such means providing all statutory conditions relating...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: This topic will always engender an interesting debate, particularly in the Seanad. I cannot put it much better than Senator Kenneally. Now that I am on the other side of the fence as a Minister setting up agencies such as this, I always ask my officials why are Deputies and Senators restricted from being on these boards. I accept there are boards which should not have as members Members of...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: I understand Senator Quinn's point and I try to cut delays and red tape in my Department whenever possible but my officials strongly suggest that while work has been done to date, there is no staff for the actual running of the agency. We envisage that more people will have to be involved. In that context, it would be better to consult with the staff interests, the unions and other...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: The monetary limits specified in the Bill in relation to gifts and the monetary limits for ownership are the same as the limits in section 28 of the Transport (Railway Infrastructure) Act, 2001. I am convinced by some of the arguments made by Senators and I will look at it between now and Report Stage. If memory serves me correctly, the limit in relation to gifts in excess of €650 is...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: On reading it again, I believe the Senator is correct. The "other benefits" should also be included under "in excess of €650". I will look at it again. Amendment, by leave, withdrawn. Amendments Nos. 28 and 29 not moved. Question proposed: "That section 24 stand part of the Bill."

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: I note the Senator's comments but we will have to wait and see what we come up with on Report Stage. However, as the Senator as a businessman will appreciate, I do not wish to over-regulate a body by insisting on electronic publication of every document. It could tie up people in difficulties which we might not envisage now if we were to be unduly prescriptive in the Bill. I will bear the...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: I made my comments earlier about the receipt of money and I agree with the Senator's sentiments. I will look at it again on Report Stage. In a body like this, where there are fairly major commercial interests, not only is it unseemly but if I were a director I would not accept or become involved. I will look at it again but, in all fairness, this is the standard which has been accepted in...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: The Senator has answered his own point. There would need to be discretion if the indiscretion was minor. It is a case of not being over-prescriptive in legislation. There could be a very unfair situation where someone, inadvertently or due to infirmity, may have omitted to make a declaration. The Minister would act on the recommendation of officials with regard to the seriousness of the...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: This is a point which could be discussed on Report Stage.

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: No, I get the Senator's point. He is saying the word "interest" has not been defined in section 26 although it is defined in section 24. People are conscious that it might apply more to board members than members of staff. I am not sure if that is the case. It can be examined on Report Stage. The definition of interest in section 24 may not be exhaustive but it is being used as a precedent.

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: We are using the precedent of the Transport (Railway Infrastructure) Act, 2001, in this regard. The Minister has been included because there may be circumstances in which information about leaks comes to the attention of the Minister, not the agency. I can vouch for the fact that this happens: when I was Minister for Social, Community and Family Affairs, I became aware that a member of staff...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: I understand the point being made by the Senator. If confidential information was to be made available with the consent of the agency, the consent of the Minister would also have to be acquired. The Minister's opinion, according to the amendment, will be sought in relation to "information that is expressed by the Agency or the Minister to be confidential," but his consent is not needed. I put...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: The Senator seems to be suggesting that I should have the dead hand in any information that may possibly be released from an agency, but I do not think the Minister should be involved in the day-to-day dissemination of information from an agency.

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