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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 evidence will be presented to the House and it will come to a conclusion based on the facts presented as to whether the judge should continue in office. There is no incrimination in that. Anybody could lose his or her job without being incriminated. It might not have implications for a criminal prosecution. There is a distinction but it is an interesting issue that must be teased out in a...

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: What will the committee do in a scenario where conflicting evidence is given? Does it report both sets of evidence to the House so the Houses can adjudicate on the confliction? For example, it could be claimed things happened accidentally or whatever. How is that resolved? Who makes the decision, particularly if it involves significant IT complications that the average person might not 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: I thank the Minister of State for attending. This Bill is short, just like the one we considered this morning. It provides enabling powers to the committee. Given that the Houses of the Oireachtas will have powers under the Constitution, I presume any committee of the House will have to get its own independent legal advice on the process. I assume some of the questions raised would also have...

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: Next Wednesday at 10.30 a.m.

Seanad: Adoptive Leave Bill 2004: Committee Stage (Resumed). (2 Jun 2004)

Jim Walsh: This point was discussed in some depth the last time we debated the Bill. Senator Terry and Senator McDowell advocated some of the amendments proposed. I note Senator Terry's acknowledgement that the phraseology of the amendments was too wide and, therefore, they needed to be reconsidered. This amendment relates to equality between adoptive and natural parents but what is being sought would...

Seanad: Adoptive Leave Bill 2004: Committee Stage (Resumed). (2 Jun 2004)

Jim Walsh: Next Tuesday week.

Seanad: Order of Business. (3 Jun 2004)

Jim Walsh: I join with Senator Terry if she is calling for a debate on the economic structures of the State. The Minister for Justice, Equality and Law Reform was referring to what was good for the economy when he made those remarks. The old Communist theory of economic equality is a failed one as shown by the abject poverty in many of the former Eastern Bloc countries, and I did not think it was being...

Seanad: Order of Business. (3 Jun 2004)

Jim Walsh: I also support Senator Leyden's call for a debate on the oil situation. Perhaps the Leader might broaden that debate to include sustainability and alternative energy sources. The failure, particularly of the current American Administration, to meet the requirements of the Kyoto Agreement is regrettable. Unless the developed countries of the globe look to alternative sources, we will not...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage. (3 Jun 2004)

Jim Walsh: I wonder why.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage. (3 Jun 2004)

Jim Walsh: Fuelled by the legal profession.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage. (3 Jun 2004)

Jim Walsh: As Senator Terry stated, the real substance of the Bill is contained in this section. I support, to an extent, the sentiments she expressed in respect of her amendment. However, we must remind ourselves that this legislation was welcomed by everybody in the House on the basis that something simply had to be done because of the abuse of the system which has been fuelled by members of the legal...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage. (3 Jun 2004)

Jim Walsh: Exactly.

Seanad: Appointment of Select Committee: Motion. (3 Jun 2004)

Jim Walsh: I move: That Seanad Éireann, pursuant to Standing Order 60A: 1. Noting the information provided to the House by the Leader of the House: (a) that the Garda Síochána in August 2001, on receipt of information from Interpol obtained by the United States Postal Inspection Service during a search of premises in Fort Worth, Texas, concerning details of alleged customers of a company offering...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Jim Walsh: I support that suggestion. This gives rise to medical practitioners charging the same fees as the legal profession in some instances. Fees are very high. As Senator Maurice Hayes rightly said, it takes people away from their duties. Some medical practitioners specialise almost exclusively in court cases because they are more lucrative. We should try to avoid the tendency towards this.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Jim Walsh: This is an eminently sensible measure which will bring a certain element of consistency to awards of damages in an area where there is a significant degree of inconsistency depending on which judge is hearing the case, which should not be so. While we are establishing this the Personal Injuries Assessment Board must have regard to this Book of Quantum which will be the Bible for it in...

Seanad: Appointment of Select Committee: Motion. (3 Jun 2004)

Jim Walsh: I move: (1) That a Select Committee of Seanad Éireann be appointed, pursuant to Standing Order 60A(2) of the Standing Orders Relative to Public Business, to be joined with a Select Committee appointed by Dáil Éireann, on a Matter Pursuant to Article 35.4 of the Constitution and section 39 of the Courts of Justice Act 1924 (to be referred to as the 'Committee on Article 35.4.1 of the...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Jim Walsh: The point made by Senator O'Meara could be looked at by the Minister before Report Stage. One would presume it would be updated on an ongoing basis as cases are advised to it, but perhaps there should be provision in the legislation, for example, that information would be added to the register within so many days of receipt of notice. I accept that one does not wish to be overly prescriptive,...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Jim Walsh: I concur with what has been said. The Minister indicated that he will accommodate Members. There should be a system in family law whereby cases are heard in private and where nothing said in evidence could be used to identify parents or children. On occasion, there may be certain individuals involved who would be anxious to get certain matters into the public arena because of the discord that...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Jim Walsh: I agree with Senator O'Meara to some extent, but I diverge strongly from her in other respects. Those who encounter family difficulties which have to be resolved through the courts are entitled to absolute privacy. Reporters or members of the public are not entitled to be present, in any circumstances, at such a hearing. The Minister has rightly identified areas that need to be addressed...

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003 [Seanad Bill amended by the Dáil]: Report and Final Stages. (23 Jun 2004)

Jim Walsh: Senators will have to admit that we should perhaps have spotted the oversight when discussing the Bill on Report Stage. We must acknowledge that the amendment, the necessity for which was identified before enactment of the Bill, is eminently sensible. Obviously the competent authority here should be in a position and have discretion to agree terms with the competent authority of the other...

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