Results 5,861-5,880 of 6,295 for speaker:Michael D'Arcy

Ceisteanna Eile - Other Questions: Insurance Costs (19 Jun 2019)

Michael D'Arcy: As outlined to the Deputy in previous responses to parliamentary questions, the stakeholder consultation formed the foundation upon which the two primary reports of the cost of insurance working group were developed. The consultation process involved a wide range of stakeholders representing different voices within this sector, including representative bodies, the major individual motor...

Ceisteanna Eile - Other Questions: Insurance Costs (19 Jun 2019)

Michael D'Arcy: It should be noted that the nature of the EU Single Market is such that insurance undertakings authorised in other member states are allowed conduct business in the Irish market on either a freedom of service basis or a freedom of establishment basis. Consequently, there are no restrictions preventing companies entering the market here if they wish. I will highlight some facts. Motor...

Ceisteanna Eile - Other Questions: Insurance Costs (19 Jun 2019)

Michael D'Arcy: I am surprised that someone of Deputy Burton's experience knows so little about insurance. She delves in and out but she is never here when we are passing the legislation.

Ceisteanna Eile - Other Questions: Insurance Costs (19 Jun 2019)

Michael D'Arcy: The Deputy delves in and out. The speed at which this is moving is the fastest at which I can bring it along. People may not be happy with that, but we have to deal with the structures that are in place. The Judicial Council Bill is the way forward. If we get it through at the end of this session, it will be a major benefit. Anyone who accepts the calculations of the data for the...

Seanad: National Surplus (Reserve Fund for Exceptional Contingencies) Bill 2018: Committee and Remaining Stages (19 Jun 2019)

Michael D'Arcy: This Bill delivers on a commitment in A Programme for a Partnership Government to establish a rainy day fund. The Government's primary rationale in establishing such a fund is to enhance the resilience of the economy and the public finances to withstand future economic and fiscal shocks. Our economic history, especially more recently, highlights the importance of creating a fiscal safety...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: When Committee Stage of the Bill was taken last April, there was a considerable volume of amendments to be discussed related to sentencing matters. On this occasion, there is also a considerable volume of amendments to be discussed, but this time related to personal injuries matters. I propose to take the approach taken on the last occasion, that is, explaining the purpose behind the...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: Awards are matters for the Judiciary rather than the lay members of the personal injuries guidelines committee. The Senator alluded to the lay structure that is proposed in the Judicial Appointments Commission Bill 2017 for the appointment of judges. This legislation is about recalibrating the guidelines. It is a matter for the Judiciary, rather than lay members, to do that. We have made...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: Who does the Senator believe should be in the room with the Judiciary when these decisions are being made? Should representatives of the insurance companies be present? Should medical practitioners be present? Insurance companies should not be represented because they have a vested interest. Medical practitioners could potentially have a vested interest too. There is nothing wrong with...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: I have a timeline in mind. The Senator has probably heard me expressing my view on that. I understand that it is a challenging timeline. I am prepared to challenge any party. The urgency of this matter means it needs to be dealt with as quickly as possible. The first timeline will be met when I get out of here. I do not use that term in a negative way. I appreciate that people have...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: We will not look for office space until the Bill is enacted. It is only then that we will move, but preliminary work has been done to determine how we will proceed in that regard. The Judiciary is very supportive of the incorporation within the Judicial Council structure of a function of formulating and issuing appropriate guidelines on compensation in personal injuries cases. The approach...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: I apologise if I did not bring to the Senator's attention subsection (7) of the proposed new section 18. It states:The Personal Injuries Guidelines Committee, and any person authorised by it to act on its behalf, may, for the purpose of performing its functions under subsection (2)—(a) require any person to provide it with such records, documents or information as it may reasonably...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: When the Bill was first presented, it provided for two committees of particular note: the judicial studies committee and the judicial conduct committee. Since then, provision has been made for a sentencing guidelines and information committee and, courtesy of the amendments just passed by the House, a personal injuries guidelines committee. The original arrangements envisaged that the...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: There are 165 judges and, therefore, we should have enough of them for the committees. All the committees will have to be established within six months of the first meeting of the council. In the case of the judicial conduct committee, the sentencing guidelines and information committee and the personal injuries guidelines committee, their first meeting will have to be held no later than...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: I do not know how many judges will be on the committees. The insurance aspect of the Bill is a small corner of very important legislation for the Judiciary. There are seven on the committee that I propose to establish under this legislation. There are four other committees so I do not know what the breakdown is per committee, unfortunately. There will be between 20 and 30 members of the...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: In its current form, section 17(3)(c) specifies that the judicial studies committee may provide education and training on matters relevant to the exercise by judges of their functions. In order to guide the committee, examples are given of several areas where training might be appropriate. During our Committee Stage debate, Senator Bacik spoke about using the opportunity provided by section...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: The Senator's raising of this issue here reflects, certainly to my mind, that this should be considered in respect of the analysis regarding the studies. That has been achieved by simply raising it. We can have a vote, if Senator chooses to press the amendment, and we might win or lose. I do not know. It will not further progress on this issue. This debate has, however, already advanced...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: On Committee Stage, a number of Senators, in particular Senators Ó Donnghaile and Ruane, mentioned the need for the sentencing guidelines and information committee to have a monitoring role in respect of any guidelines which may be adopted by the council. An undertaking to consider this matter was given and, as a result, I have decided to introduce amendment No. 27 which includes among...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: On numerous occasions I have heard Senator Reilly express his strong view that, when guidelines are not being adhered to, the court should explain why that is the case. This amendment gives that idea legal effect. I thank the Senator in that regard. I hope that what we are doing in respect of sentencing guidelines will be done in conjunction with the Judiciary. We are outlining in...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: First, no election is due until 2021.

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: I have listened with interest to what the Senator has said about the need for a review of current mandatory minimum and presumptive sentencing provisions.Regardless of the merits of the proposal, however, the Bill does not provide the appropriate home for it. It is concerned with the Judiciary and the additional functions they are being given courtesy of its new provisions. It is not...