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Companies Bill 2012: Report Stage (Resumed) and Final Stage (2 Apr 2014)

Seán Sherlock: I move amendment No. 275:In page 1071, between lines 34 and 35, to insert the following:“(3) As provided for in section 1392(6), the Companies Act 1990 (Prescribed Alternative Accounting Standards Bodies) Regulations 2005 (S.I. No. 382 of 2005) and any regulations amending those regulations shall continue in force and may be amended or revoked under section 12 accordingly.”.

Companies Bill 2012: Report Stage (Resumed) and Final Stage (2 Apr 2014)

Seán Sherlock: I move amendment No. 276:In page 1074, line 29, to delete “and”.The purpose of these amendments is to address the issue whereby a company is struck off and dissolved prior to the enactment of the Bill. The amendments clarify the status of such a company should it be restored to the register. They also make provision for section 30 of the Multi-Unit Development Act 2011. This...

Companies Bill 2012: Report Stage (Resumed) and Final Stage (2 Apr 2014)

Seán Sherlock: I move amendment No. 277:In page 1074, line 32 to delete “Part 17.” and substitute the following:“Part 17; and (c) the references in section 30 of the Multi-Unit Developments Act 2011 to section 311 or 311A of the Act of 1963 or section 12 or 12B of the Companies (Amendment) Act 1982, or to a particular provision of any such section, shall be read as references to...

Companies Bill 2012: Report Stage (Resumed) and Final Stage (2 Apr 2014)

Seán Sherlock: I move amendment No. 278:In page 1074, between lines 35 and 36, to insert the following: “Provisions as to status of companies restored to register, having been struck off under former enactments12. (1) Without prejudice to any specific provision in this Act in that behalf and the subsequent provisions of this paragraph, the provisions of this Act that shall apply to a...

Companies Bill 2012: Report Stage (Resumed) and Final Stage (2 Apr 2014)

Seán Sherlock: I move amendment No. 279:In page 1082, line 8, to delete “LIMITED” and substitute “COMPANY LIMITED BY GUARANTEE”.The purpose of this amendment is to correct a mistake. The example of the name of the company in the Schedule refers to "company limited by guarantee". In accordance with section 1176, the name of company limited by guarantee shall end with "company...

Companies Bill 2012: Report Stage (Resumed) and Final Stage (2 Apr 2014)

Seán Sherlock: I move amendment No. 280:In page 1082, to delete lines 25 to 28 and substitute the following:“The following Regulations shall apply to the company:1. The number of members with which the company proposes to be registered is 4. [In addition to the immediately foregoing words, the following sentence may be included:-] The provisions of the Companies Act 2014 are adopted. *See section...

Companies Bill 2012: Report Stage (Resumed) and Final Stage (2 Apr 2014)

Seán Sherlock: I move amendment No. 281:In page 1088, to delete lines 17 to 20 and substitute the following:“The following Regulations shall apply to the company: 1. The number of members with which the company proposes to be registered is 5. [In addition to the immediately foregoing words, the following sentence may be included:-] The provisions of the Companies Act 2014 are adopted. *See...

Companies Bill 2012: Report Stage (Resumed) and Final Stage (2 Apr 2014)

Seán Sherlock: I move amendment No. 282:In page 1091, between lines 6 and 7, to insert the following: “ Remedy in case of oppression Section 213 ”.The purpose is to include section 213 and the list of provisions to be applied to unregistered companies in Schedule 14. Section 213 provides a remedy to any member of the company who complains that the affairs of the company are being conducted...

Companies Bill 2012: Report Stage (Resumed) and Final Stage (2 Apr 2014)

Seán Sherlock: This has been a gargantuan task thus far. I wish to extend my gratitude and that of the Minister, Deputy Bruton, to everyone who has been involved in the process. It has been a collaborative effort. I thank the Members opposite for their role in bringing the legislation to this point. I thank the people to my right, who, to be fair to them, have done Trojan work in putting all of the...

Companies Bill 2012: Report Stage (Resumed) and Final Stage (2 Apr 2014)

Seán Sherlock: Deputy Wallace is rather philosophical.

Seanad: Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Bill 2013: Second Stage (2 Apr 2014)

Seán Sherlock: I am pleased to have this opportunity to address the House on the occasion of Second Stage of the Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Bill 2013. Publication of the Bill represents a partial response to the commitment we made in the programme for Government regarding co-operatives, when we said we would "work to promote a greater appreciation...

Seanad: Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Bill 2013: Second Stage (2 Apr 2014)

Seán Sherlock: I welcome and thank Senators for their unanimous support for this Bill. I again acknowledge that this was a programme for Government commitment. I acknowledge the words of various Senators in regard to the deeply embedded sense of ownership we have around the friendly society and co-operative philosophy and I would welcome an opportunity to come back to explore that in further detail....

Other Questions: OECD Programmes (9 Apr 2014)

Seán Sherlock: The latest PISA report from the OECD's programme for international student assessment, PISA, shows that 15-year-old students in Ireland performed at the average level of participating countries on computer-based assessment of problem solving. Ireland ranked 17th of the 28 OECD countries that took part in the study, and 22nd out of all 44 participating countries. Countries like the United...

Other Questions: OECD Programmes (9 Apr 2014)

Seán Sherlock: As has already been articulated in other answers by the Minister, Deputy Quinn, we are moving away from a rote learning framework to one which is inquiry-based and which puts the student at the centre of problem solving. Therefore a paradigm shift is going on. I cannot give the Deputy an answer regarding the cost of the digital strategy but I will revert to him with that information....

Other Questions: OECD Programmes (9 Apr 2014)

Seán Sherlock: One needs broadband provision in the first instance in order to give effect to a digital strategy. That strategy is not yet under way and work remains to be done both internally and externally. The key purpose of this is to ensure that students have a proper understanding of the dynamic involved. People in Ireland are digital natives and instinctively interface with the technology both in...

Other Questions: Guidance Counsellors (9 Apr 2014)

Seán Sherlock: That is a paternalistic attitude to education.

Other Questions: Guidance Counsellors (9 Apr 2014)

Seán Sherlock: What about parental responsibility?

Written Answers — Department of Jobs, Enterprise and Innovation: Patent Legislation (6 May 2014)

Seán Sherlock: The international Agreement on the Unified Patent Court, signed in February 2013, entails the establishment of an international court that will, when operational, have exclusive competence for actions for infringement and validity in respect of European patents. As the international Agreement entails the transfer of jurisdictional powers in this area of jurisdiction away from the Irish...

Seanad: Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Bill 2013: Committee Stage (7 May 2014)

Seán Sherlock: I thank the Senator for proposing this amendment. To be fair to the Government side, we addressed many of those questions on Second Stage and given that this is Committee Stage, I will begin by giving the rationale for section 5 and then give a brief overview of some of the issues raised by the Senator. Section 5 provides for a very significant change to the Friendly Societies Act 1896, that...

Seanad: Friendly Societies and Industrial and Provident Societies (Miscellaneous Provisions) Bill 2013: Committee Stage (7 May 2014)

Seán Sherlock: I thank the Senator for his comments. The Senator is effectively opposing the proposal to prohibit the establishment of new loan funds where a society does not currently operate a loan fund, and the Government does not agree that this section should be omitted. Section 6 places a restriction on existing societies establishing a loan fund as provided for in section 46 of the principal...

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