Results 401-420 of 2,723 for speaker:Barry Andrews

Seanad: Prison Development (Confirmation of Resolutions) Bill 2008: Second and Subsequent Stages (26 Jun 2008)

Barry Andrews: I did not say I would tell the Senator why it will 7.2 m.

Seanad: Prison Development (Confirmation of Resolutions) Bill 2008: Second and Subsequent Stages (26 Jun 2008)

Barry Andrews: The Senator is being unreasonable now. If Members are concerned about the prison accommodating up to 2,200 prisoners, it would be short-sighted for the Government not to anticipate possible changes in prison population. Mountjoy Prison has lasted for 150 years. Some Members are concerned about meeting international standards. By any measure, the proposed prison will exceed them.

Civil Law (Miscellaneous Provisions) Bill 2006: From the Seanad (1 Jul 2008)

Barry Andrews: The amendments in this group are drafting amendments only. While they originated in the Seanad, they are designed to improve the drafting style or to adjust the language for greater precision. There is no more to it than that.

Civil Law (Miscellaneous Provisions) Bill 2006: From the Seanad (1 Jul 2008)

Barry Andrews: Amendments Nos. 3 and 4 are designed to put in place a system to facilitate the signing of warrants where the person whose function that would normally be, namely, the District Court judge assigned to the district, is not available. Section 32A of the Courts (Supplemental Provisions) Act 1961, which was introduced by the Criminal Justice Act 2006, established a process whereby a district...

Civil Law (Miscellaneous Provisions) Bill 2006: From the Seanad (1 Jul 2008)

Barry Andrews: This series of amendments is concerned with the process for investigating complaints against solicitors. For many years the Law Society has investigated allegations of misconduct arising either from complaints made by clients or routine inspections of solicitors' practices. However, there is no express provision in the Solicitors Acts giving the society the power to investigate misconduct...

Civil Law (Miscellaneous Provisions) Bill 2006: From the Seanad (1 Jul 2008)

Barry Andrews: Deputy Rabbitte is correct that the original elements of the Bill that became the Legal Services Ombudsman Bill are now a separate Bill. However, the Solicitors Acts were due to be amended by this Bill originally, hence the fact that they are still in this Bill. My information is there was no particular lobbying by the Law Society. As I mentioned in my original comments, Mr. Justice...

Civil Law (Miscellaneous Provisions) Bill 2006: From the Seanad (1 Jul 2008)

Barry Andrews: Yes.

Civil Law (Miscellaneous Provisions) Bill 2006: From the Seanad (1 Jul 2008)

Barry Andrews: To reiterate, the reason this was not in the original Bill was that the judgment of Mr. Justice McKechnie raising the preliminary point about the concern of the implicit nature of the powers in the original Act——

Civil Law (Miscellaneous Provisions) Bill 2006: From the Seanad (1 Jul 2008)

Barry Andrews: It is a recent judgment, since the publication of the Bill. In fact, the Bill predates this Dáil and, therefore, the events to which I think Deputy Rabbitte is referring — the concerns about individual solicitors — post-dated the publication of the Bill. In any case, I made the point to Deputy D'Arcy that the power to investigate apprentices is in the Solicitors (Amendment) Act 2002....

Civil Law (Miscellaneous Provisions) Bill 2006: From the Seanad (1 Jul 2008)

Barry Andrews: Solicitors at present carry on business either as sole traders with unlimited civil liability or as partnerships with collective and individual unlimited civil liability. The provisions of section 7 of the Attorneys and Solicitors Act 1870 restrain a solicitor in seeking to limit his or her liability in a contract agreed with a client. This puts Irish solicitors at a competitive...

Civil Law (Miscellaneous Provisions) Bill 2006: From the Seanad (1 Jul 2008)

Barry Andrews: I am not sure what to add to Deputy Rabbitte's comments that he is more familiar with the legislation from 1870 than the current legislation and I wonder how long ago he studied it.

Civil Law (Miscellaneous Provisions) Bill 2006: From the Seanad (1 Jul 2008)

Barry Andrews: In any case the legislation is considered on its merits and whether it was added in later on is beside the point. Irish solicitors are entitled to a level playing field. As Deputy D'Arcy correctly said, they are competing for services throughout Europe and we wish to be in a position of equity with our closest trading partner. I commend this amendment to the House.

Civil Law (Miscellaneous Provisions) Bill 2006: From the Seanad (1 Jul 2008)

Barry Andrews: As Deputy D'Arcy mentioned, these amendments are designed to bring about an important change to the law on juries in the State. At present, the maximum age limit for sitting on a jury is 70 years of age. Persons older that this are simply ineligible. People between 65 and 70 years of age can exercise a right to excuse themselves. The maximum age for sitting on a coroner's jury is 65....

Civil Law (Miscellaneous Provisions) Bill 2006: From the Seanad (1 Jul 2008)

Barry Andrews: I welcome the comments of the Deputies. The capacity for a person to excuse oneself continues in the new Bill. With regard to Deputy Ó Snodaigh's comments, the new language refers to an enduring impairment and removes the reference to an insufficient capacity to read, deafness or other permanent infirmity. That language has been removed and is replaced with "an enduring impairment". It...

Civil Law (Miscellaneous Provisions) Bill 2006: From the Seanad (1 Jul 2008)

Barry Andrews: This amendment is to a provision of the Bill that amends the Legal Aid Act 1995 regarding the powers of the Legal Aid Board to waive or reduce contributions payable by the board's clients for its services. Deputies will be aware that the Legal Aid Board does not provide a free service; it requires its clients to pay a contribution. At present, section 29 enables the board to waive all or...

Civil Law (Miscellaneous Provisions) Bill 2006: From the Seanad (1 Jul 2008)

Barry Andrews: If one were to remove the adjectives "severe" and "undue", one would be left with the word "hardship" which could describe any number of circumstances. An attempt must be made to ensure the hardship being experienced is objectively causing a difficulty for the individual. As I indicated, we do not want to achieve a reduction in a person's immediate disposable income. Rather, we want to...

Written Answers — Health Service Funding: Health Service Funding (1 Jul 2008)

Barry Andrews: I wish to inform the Deputy that in my response to him of the 28th May 2008, I advised him that my Office had forwarded information in regard to the project referred to by him to the Director of the Office of Disabilities and Mental Health in the Department of Health and Children. However, at present, I understand that Office has no funding available to support this project. Under the...

Written Answers — Child Care Services: Child Care Services (1 Jul 2008)

Barry Andrews: As the Deputy will be aware, I have responsibility for the National Childcare Investment Programme 2006-2010 (NCIP), which will invest €575 million over 5 years. I understand from enquiries made that the Group in question was approved staffing funding amounting to €144,868 under the Equal Opportunities Childcare Programme 2000 — 2006 with a further €22,312 staffing subvention...

Written Answers — Child Care Services: Child Care Services (1 Jul 2008)

Barry Andrews: As the Deputy will be aware, I have responsibility for the National Childcare Investment Programme 2006-2010 (NCIP) under which the Community Childcare Subvention Scheme (CCSS) was introduced in January of this year. The CCSS replaced the previous staffing support grant scheme which was implemented under the EU co-funded Equal Opportunities Childcare Programme 2000-2006 (EOCP) and which...

Mental Health Services. (3 Jul 2008)

Barry Andrews: I take this Adjournment debate on behalf of my colleague, the Minister for Health and Children, Deputy Mary Harney. I thank Deputy Neville for raising this issue. I warmly acknowledge that it has been inspired by a genuine commitment to ensure that persons with mental health difficulties receive the best service possible and, for that reason, I welcome the opportunity to explore this issue...