Results 3,981-4,000 of 16,537 for speaker:Brian Lenihan Jnr

Written Answers — Garda Strength: Garda Strength (5 Dec 2007)

Brian Lenihan Jnr: I propose to take Questions Nos. 247 and 248 together. The number of attested members of An Garda Síochána as of 31 October 2007, the latest date for which figures are readily available, was 13,513. There is a total of 1,075 Student Gardaí, 279 in Phase I, 515 in Phase 2 and 281 in Phase 3. The next intake of trainee Gardaí into the Garda College is scheduled for 4 February 2008. An...

Written Answers — Residency Permits: Residency Permits (5 Dec 2007)

Brian Lenihan Jnr: I refer the Deputy to Parliamentary Question No. 122 of Thursday, 4th October, 2007 and the written reply to that Question. The position remains unchanged.

Written Answers — Video Conferencing Facilities: Video Conferencing Facilities (5 Dec 2007)

Brian Lenihan Jnr: My Department has video conferencing facilities available to staff in the main buildings in Dublin and Killarney and there is an ongoing programme to install video conferencing facilities in other buildings. I have not yet had reason to use the Department's video conferencing facilities.

Written Answers — Departmental Staff: Departmental Staff (5 Dec 2007)

Brian Lenihan Jnr: Some 353 staff in my Department availed of commuter tickets under the Travel Pass Scheme in 2007.

Written Answers — Waste Management: Waste Management (5 Dec 2007)

Brian Lenihan Jnr: I propose to take Questions Nos. 252 and 253 together. The nature of the Department's waste disposal services are such that the information sought by the Deputy is not available.

Written Answers — Pension Provisions: Pension Provisions (5 Dec 2007)

Brian Lenihan Jnr: The issues raised by the Deputy have been considered by the Commission on Public Service Pensions. The Commission considered the issue of parity of pensions for members of An Garda Síochána who retired prior to 1993 (who do not receive the unsocial allowance element in their pensions) and for those who retired prior to 1982 (who do not receive rent and other allowance elements in their...

Written Answers — Citizenship Applications: Citizenship Applications (5 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 January 2005. Officials in that Section inform me that processing of the application has commenced and that the file will be submitted to me for a decision in the near future. I will inform the Deputy and the person concerned of...

Written Answers — Child Abuse: Child Abuse (5 Dec 2007)

Brian Lenihan Jnr: I am informed by the Garda authorities that they have no record of any relevant correspondence between investigating Gardaí and the Department of Education and Science during the period referred to by the Deputy.

Written Answers — Garda Operations: Garda Operations (5 Dec 2007)

Brian Lenihan Jnr: In the time available it has not been possible for the Garda authorities to supply the details requested by the Deputy. I will be in contact with the Deputy when the information is to hand.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Brian Lenihan Jnr: We have had a very wide-ranging debate on this section and it has afforded Senators an opportunity for a quasi-Second Stage debate. I will add my tuppence worth. On the net issue of the section, I have indicated to Senators that I am anxious to reconsider the section in terms of its consequence for an order for costs in the Supreme Court. That issue should be examined. It is desirable that...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Brian Lenihan Jnr: Once someone establishes that he or she has been defamed, of course feelings come into the equation in the assessment of damages as Senator Norris outlined very well. The Senator questioned whether we should have lodgements. Lodgements are a well-established part of our civil litigation system for the obvious reason that they discourage litigation. Litigation is very expensive for the...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Brian Lenihan Jnr: We will be able to revisit apologies.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Brian Lenihan Jnr: If Senator Norris tables an amendment on the question of what a defendant should plead, naturally I will examine it. However, this Bill already requires that a defendant must swear a verifying affidavit on the defence filed and the defence will have to be verified on oath. This is a substantial change in the existing law. On the point made by Senator O'Donovan, section 14(1) is a...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Brian Lenihan Jnr: First, for the reasons outlined by all the Senators and accepted by Senator Norris, the effective operation of the judicial power in the State requires that absolute privilege should attach to the statements made by the Judiciary in court. Members of the Oireachtas enjoy such privilege and it is absolute in character. While Members also have a committee that regulates the abuse of that...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Brian Lenihan Jnr: It is fair to say that his work came to a conclusion. One of the difficulties associated with spelling out in greater detail in the Constitution how one removes a judge is that it makes it easier to so do, thereby undermining the independence of the institution. However, there was a full exploration in the last Dáil as to how one would go about such an enterprise. As for the judicial...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Brian Lenihan Jnr: When I have those views to hand, I will introduce legislation on it. Senator Norris makes a fair point. While I do not wish to be seen to criticise the Judiciary as I am the Minister for Justice, Equality and Law Reform, it is important that utterances from the judicial bench do not damage people in their reputations. I recall that a wise District Court judge, who has now retired, told me...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Brian Lenihan Jnr: The purpose of this proposed amendment to section 15 is to provide for certainty that absolute privilege will attach to the reporting of family law cases. Section 40 of the Civil Liability and Courts Act 2004 provided for a relaxation of the in camera rule, with the key safeguard that the confidential nature of family law cases would continue to be respected. Section 40(3) specifically...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Brian Lenihan Jnr: Members of local authorities enjoy qualified privilege and that is dealt with in the next section. A qualified privilege is a privilege to make an utterance or publish a statement in circumstances where the privilege can only be destroyed in the event of malice being established. That is the current position in regard to local authorities. Senators should recall that absolute privilege is a...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Brian Lenihan Jnr: Yes, my advice is to be careful with regard to the Labour Court. The Labour Court may well enjoy a qualified privilege because the parties making statements there have an interest in making them and the person hearing the statements has a duty to hear them. There may well be a qualified privilege but it is desirable, as a matter of principle, to have an exhaustive list of the occasions to...

Seanad: Defamation Bill 2006: Committee and Remaining Stages (Resumed) (5 Dec 2007)

Brian Lenihan Jnr: Yes.