Results 541-560 of 16,537 for speaker:Brian Lenihan Jnr

Seanad: Central Bank and Financial Services Authority of Ireland Bill 2003: Committee Stage (22 Jun 2004)

Brian Lenihan Jnr: I gather the McDowell report recommended a revised form of appeal where a specialised appeals tribunal would be established to deal with appeals in this area. In this context, the Bill, as drafted, was flawed because it did not contain any appeals mechanism. I know there was a certain hankering for the old appeals system through the regular recourse to the court but the Minister decided to...

Seanad: Central Bank and Financial Services Authority of Ireland Bill 2003: Committee Stage (22 Jun 2004)

Brian Lenihan Jnr: This amendment would weaken the current requirement that where an insurance agency held by a broker is discontinued for any reason, such a fact should be publicised. This amendment would create a potential exclusion from this provision and that would be undesirable from a consumer protection perspective. It is not acceptable to the Minister.

Seanad: Central Bank and Financial Services Authority of Ireland Bill 2003: Committee Stage (22 Jun 2004)

Brian Lenihan Jnr: The effect of this amendment would be to exclude a major category of mortgage introducers from the new definition of "mortgage intermediary" on page 188 of the Bill. The Director of Consumer Affairs originally indicated that the practice of using mortgage introducers, namely, persons who, though not authorised as mortgage intermediaries in their own right, introduce clients to authorised...

Seanad: Central Bank and Financial Services Authority of Ireland Bill 2003: Committee Stage (22 Jun 2004)

Brian Lenihan Jnr: The Senator's amendment seeks to change the current requirement under section 116 of the Consumer Credit Act that a mortgage intermediary secure a new authorisation each year. Such a change is already provided for in item 3 on page 189 of the Bill which was inserted on Report Stage in the Dáil on the proposal of the Minister. The amendment inserts a new section 7(a) into section 116 which...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Second Stage. (23 Jun 2004)

Brian Lenihan Jnr: This Bill comes here after rigorous scrutiny in the other House. After substantial debates on Committee and Report Stages, where over 700 amendments were moved, the Minister for Education and Science believes that this Bill represents the best possible solution to the needs of children with disabilities and their parents. What is proposed here is a comprehensive system to address their rights...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Second Stage. (23 Jun 2004)

Brian Lenihan Jnr: Senator O'Toole is concerned about an ATM.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Second Stage. (23 Jun 2004)

Brian Lenihan Jnr: Senator O'Toole was never a sceptic.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Second Stage. (23 Jun 2004)

Brian Lenihan Jnr: I will reply to the question but not until I respond at the end of the debate.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Second Stage. (23 Jun 2004)

Brian Lenihan Jnr: Is the Senator referring to psychological assessments?

Seanad: Central Bank and Financial Services Authority of Ireland Bill 2003: Report and Final Stages. (24 Jun 2004)

Brian Lenihan Jnr: I thank the House for the consideration given to the Central Bank and Financial Services Authority of Ireland Bill 2003. When I piloted the previous Central Bank legislation through the House last year there was considerable scepticism on whether this measure would appear. It was promised at the time and it has now been delivered. Great credit is due to the officers in the Department of...

Seanad: Commissions of Investigation Bill 2003: Second Stage. (1 Jul 2004)

Brian Lenihan Jnr: I am pleased to present to the House the Commissions of Investigation Bill 2003. The Bill provides for the establishment of commissions of investigation. The function of a commission of investigation will be to investigate into and establish the facts about matters of significant public concern referred to it for investigation and to make a report on its investigation. The House will be aware...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Brian Lenihan Jnr: The amendments to section 1 have been ruled out of order but the substance of Senator Cox's contribution reflects their intention. The Minister for Education and Science, Deputy Noel Dempsey, has been penalised in this discussion for being first out of the traps. He has produced the legislation he promised and he was very open to accepting amendments. The limit for such amendments is now...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Brian Lenihan Jnr: Senator Ulick Burke referred to the position of the Department of Justice, Equality and Law Reform. Under the Children Act 1908, boys under 16 and girls under 17 are committed to the Department of Education and Science when they are convicted of offences and, therefore, the only children for whom the Department of Justice, Equality and Law Reform has responsibility are male offenders aged 16...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Brian Lenihan Jnr: The amendment reminds me somewhat of Article 45 of the Constitution and the directive principles of social policy. Those are laudable aspirations which no one would disagree with, but in terms of hard statutory draftsmanship, everything in the Senator's proposal is already contained in different parts of the Bill. For example, there is an aspiration in the amendment that the Bill be...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Brian Lenihan Jnr: It is not normal practice in our tradition of statutory draftsmanship to have declarations of principles as ordinary sections in legislation. The declaration of principle or objective is contained in the Long Title and I do not want to recite that again, but it is very clear that the objectives set out in the Long Title conform, by and large, with the amendment. Please God it will not fall to...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Brian Lenihan Jnr: Again, I do not see how this would add in any way to the Bill. It seems to restate the contents of a previous paragraph and does not seem to add any greater clarity to the legislation.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Brian Lenihan Jnr: Senators will be glad to hear that I will not be promising a disability Bill in aid of any matter that has been raised in respect of this section. I have a far simpler answer for Senator Ulick Burke, which is that in a sense the Bill does create a central body called the National Council for Special Education. In addition, the Bill provides for an appeals board. If the Senator examines the...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Brian Lenihan Jnr: As I pointed out to the Senator, the central body of the appeals board will resolve differences. The responsibility to address the co-ordination of education and health services has been addressed. I welcome that the Senator's amendment pointed out a need to co-ordinate the education and health services because the much-loved health boards will no longer exist in a very short period of time....

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Brian Lenihan Jnr: School-based assessments and education plans under section 3 are aimed at children whose needs are less complex or severe. If it is clear that a child has a disability or has complex needs, for example, a dual impairment, it is open to the parents to seek an assessment from the health board or the council. Therefore, there is no question of restricting the right of access of a parent to the...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Brian Lenihan Jnr: Senator Fitzgerald is correct in that section 18(2) provides that the relevant special education needs organiser should give all such advice and assistance as is reasonable to the principal and teacher of the school concerned in the performance of their functions under this Act. The special needs organiser can link up with the parents and principal in an appropriate application to the council.