Results 4,981-5,000 of 16,537 for speaker:Brian Lenihan Jnr

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 9: In page 14, line 30, to delete "6" and substitute "7". Amendment No. 11 brings about a proposed change to the membership of the Circuit Court rules committee. It will add a county registrar from outside Dublin, to be nominated by the chief executive of the Courts Service, to the membership of the rules committee. The aim is to make available to that rules committee a...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: It tended to diverge between Dublin and the rest of the country.

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 10: In page 14, line 42, to delete "and".

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 11: In page 15, line 2, to delete "Ireland." and substitute the following: "Ireland, and (d) one shall be a county registrar, not being the county registrar referred to in subsection (3)(d), nominated by the Chief Executive Officer of the Courts Service.".

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 12: In page 15, line 11, to delete "or a practising solicitor" and substitute ", a practising solicitor or a county registrar".

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 13: In page 17, to delete lines 12 to 33 and substitute the following: 14."(1) Subject to subparagraph (2) of paragraph 4 of the Sixth Schedule to the Courts (Supplemental Provisions) Act 1961, an order made on or after the commencement of this section recording a decision of a judge of the District Court shall, when signed by— (a) any judge of the District Court...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 14: In page 17, between lines 33 and 34, to insert the following: 20.—Section 23 of the Courts Act 1971 is amended by substituting the following for subsection (1): "(1) The service of a superior court document may be effected— (a) by leaving the document or a copy thereof (as may be appropriate) at, or sending the document or a copy thereof (as may be appropriate)...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: This amendment proposes the removal of section 20 from the Bill. Section 20 as it currently stands deletes section 20(4) of the Petty Sessions (Ireland) Act 1851. This section requires the District Court judge to take or cause to be taken a note of the evidence when required to do so. In 2006, some 560,155 cases were heard by the District Court. The vast majority of the cases heard in the...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: I am pleased to note that progress has been made on the judicial council. As the Deputy will be aware from replies to parliamentary questions, I was awaiting the views of the Chief Justice. The Chief Justice has agreed to the establishment of a small working group comprising one nominee of the Courts Service and one nominee of my Department to progress the drafting of the judicial council Bill.

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 16: In page 20, between lines 10 and 11, to insert the following: 23.—(1) Where a court is satisfied in proceedings before it that— (a) a party appearing before the court in the proceedings, or (b) counsel or a solicitor appearing before the court in the proceedings on behalf of a party, is blind or partially sighted and for that reason requires assistance, the court...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 17: In page 20, between lines 26 and 27, to insert the following: 24.—Section 9 (as amended by section 35 of the Court and Court Officers Act 1995 and section 23 of the Courts and Court Officers Act 2002) is amended by substituting the following for subsection (3): "(3) (a) Whenever an officer is required under subsection (1)(a) to perform the duties, or any duty or...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: While I will take into account Deputy Flanagan's comments, county registrars are busy under the additional functions we have asked them to perform.

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: I accept the spirit in which the amendment was tabled but a Bill is in preparation to deal with the question of legal costs in a comprehensive way including the issue of consumer protection referred to by Deputy O'Shea. The issue of legal costs in all contentious cases is being examined by the Department. By "contentious" I mean any legal service provided in connection with legal...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: Yes, it will. I am glad Deputy O'Shea raised this question because on my appointment as Minister I examined the extremely detailed Haran report, much of which relates to the costs and expenses associated with substantial litigation. I raised concerns with my officials, and gave directions that the first priority with regard to costs should be precisely the type of circumstances referred to...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: One of my concerns is that if one examines the Haran report, one sees the legislation associated with its implementation would take a prolonged period because it proposes the establishment of an entirely new body to deal with costs. I am not satisfied the abolition and replacement of the taxing masters are essential to the process. It may be that the redefinition of the functions of the...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 19: In page 22, between lines 2 and 3, to insert the following: 28.—Section 6 (as substituted by section 16 of the Solicitors (Amendment) Act 1994 and amended by section 8 of the Solicitors (Amendment) Act 2002) of the Solicitors (Amendment) Act 1960 is amended by inserting the following after subsection (1A): "(1B) Where a solicitor member of the Disciplinary Tribunal,...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (27 Feb 2008)

Brian Lenihan Jnr: As Deputy O'Shea is aware, this Bill allows the tenant to renounce in writing, whether for or without valuable consideration, his or her entitlement to a new tenancy, having received independent legal advice with regard to the renunciation. This is of particular importance in the constituency represented by Deputy O'Shea, given the interest in developing the port in Waterford. I gather this...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: There are good reasons retrospective legislation is only resorted to on very rare occasions. The particular instance which Deputy O'Shea has raised is that of a person who was in a normal landlord and tenant relationship. The relationship was terminated. The tenancy was terminated on the basis that the landlord would not extend the tenancy because the tenant would accrue rights under...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: While I did not take the Bill on Committee Stage, I had an opportunity to examine the Committee Stage discussion on this issue. I have some sympathy with the point of view expressed in this amendment. The law as it currently stands in regard to the age limit of jurors is that the upper age limit is 70 years with a right of persons aged between 65 and 70 to be excused. The proposed...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 22: In page 33, in line 5, to delete ", and" and substitute ",". Amendment No. 23 is consequential to an amendment made to the Video Recordings Act 1989 which was inserted into the Bill on Committee Stage. The amendment to section 31 of the 1989 Act which was inserted by the select committee relates to the fees which the Minister for Justice, Equality and Law Reform may...