Results 541-560 of 1,338 for speaker:Kathleen O'Meara

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I will accept what the Minister says. Amendment, by leave, withdrawn.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 18: In page 10, between lines 21 and 22 to insert the following subsection: "(2) Upon the request of a plaintiff in a personal injuries action, the defendant shall provide the plaintiff with full particulars of any matter alleged in the defence of the defendant and such other information as may reasonably be requested by the plaintiff within the knowledge of the defendant...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I will consider what the Minister is saying. Amendment, by leave, withdrawn. Section 10 agreed to.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 19: In page 11, subsection (1)(d), line 18, after "alleges" to insert "and full particulars of the acts of the plaintiff constituting any alleged negligence or contributory negligence". This amendment makes a similar point, so I do not expect that the Minister will accept it. However, it concerns the requirements of a defence, which are more limited in this Bill than in...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I comment at the request of the Tipperary Solicitors' Bar Association, which points out that section 12 proposes to require all plaintiffs and defendants to lodge every proceeding in court. That was the procedure up to approximately ten years ago, when it was changed, having been found to be too onerous and time-consuming for plaintiffs and defendants and to lead to unjustifiable extra...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: That is understandable. The logic is clear, but is there currently a problem?

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I may return to that on Report Stage. While the Minister is making a very logical argument, if it is not broken, why fix it?

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: Is there a problem?

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 21: In page 12, subsection (4)(a), line 45, to delete "7 days" and substitute "one month". Amendment No. 21 is straightforward. The Minister refers to a tough regime in this legislation. That is fair enough. However, once again let us not have it so tough as to be unfair. I am not a lawyer, as I keep saying, but I would have thought that to swear an affidavit is a serious...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 22: In page 13, between lines 3 and 4 to insert the following subsection: "(5) The court concerned may enlarge the time for lodgement of an affidavit under this section for sufficient reason.". Amendment No. 23 is related and refers to enlarging the time for lodgement of the affidavit, for sufficient reason.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 25: In page 14, subsection (5), line 14, after "conference" to insert "or any records thereof". This is a technical amendment to include something which we believe is a serious omission.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 26: In page 14, subsection (1), line 22, to delete "court," and substitute "court". This is also a technical amendment.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: Deleting two commas instead of one is surely not a resigning matter for the Minister.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 27: In page 14, subsection (1), line 22, after "concerned" to insert "and the parties to the action". In the interest of fair procedures, the objective of this amendment is that any report submitted to the court must also be distributed among the parties.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 28: In page 14, subsection (1), line 23, to delete "include" and substitute "state the following but not any other details of the contents of a mediation conference". As the section is currently drafted, it does not expressly prohibit the chairperson of a mediation conference from informing the court as to why agreement was not reached. I would suggest that this is a...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 29: In page 14, subsection (2)(b), line 37, after "action" to insert "unreasonably". This amendment is being tabled in an effort to be helpful, to make it clear that there may be circumstances where a party might reasonably decline to attend a mediation conference.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I move amendment No. 30: In page 15, subsection (7), line 28, to delete "order of the Minister" and substitute "rules of court". Both amendments are designed to preserve the integrity of the rules of the court system. Dates for lodging pleadings and proceedings are normally specified in rules of court, which are made by a rules committee. The Minister may have referred to this already. The...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: May I ask the Minister why?

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: This is similar to the matter raised in an earlier amendment. Is there currently a problem and the Minister needs the power of initiative in this regard?

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed). (3 Jun 2004)

Kathleen O'Meara: I am not convinced. I will withdraw the amendment, but I will consider resubmitting it on Report Stage.