Results 581-600 of 5,294 for speaker:Michael McCarthy

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: I appreciate the Minister of State's comments and, on that basis, I will withdraw the amendment. However, I would appreciate it if the Minister of State and his officials could take on board the spirit of the amendment to see whether immediate commencement can be enshrined in future Bills so far as that is practicable.

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: I support Senator Bannon's amendment. I have seen some of the pig sties in which some landlords expect tenants to live. Some accommodation is simply not up to standard. Those houses do not comply with any form of building regulations, let alone any standards of comfort, and pose a real risk to people's health and safety. The amendment spells out clearly how it is proposed to address the...

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: I support the sentiments expressed by both of my Opposition colleagues. It is important for the Government to lead the way in protecting the marginalised and vulnerable in society. We have recently seen in the Equality Act 2004 and the decision of the Minister for Social and Family Affairs on the spousal travel pass a pattern whereby the Government explicitly excludes same-sex couples. This...

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: In regard to my amendment No. 9, it is an excessive burden to require a tenant to compensate a landlord for his or her costs in deciding whether to agree to a subletting. I would appreciate if the Minister of State looked favourably on these amendments.

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: I accept what the Minister of State has said and on that basis I will withdraw my amendment.

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: I move amendment No. 16: In page 31, after line 43, to insert the following section: "(5) It shall not be lawful to take action for the primary purpose of avoiding the application of this part.". One of the important points pertaining to any legislation is that the very wide-ranging views heard during consultation, particularly in respect of an area such as that under discussion, be taken...

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: I reiterate the important point that we should take cognisance of the views of independent interest groups. They contribute enormously and if the wider interpretation of their views were enshrined in the legislation today, it would be a good day for all of us. On the basis of what the Minister of State said, I withdraw my amendment.

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: This issue arose from correspondence I received. I wish to bring the matter to the attention of the Minister of State because I know he accepted an amendment to this section in the Dáil. The conditions under which a person may inherit tenancy rights are clear. There is a clear indication that same sex couples are excluded. This continues a pattern of exclusion which was sponsored by the...

Seanad: Residential Tenancies Bill 2003: Committee Stage (Resumed). (6 Jul 2004)

Michael McCarthy: A report on the judgment of the European Court of Human Rights states: The Court reiterates its findings stated in various previous judgments that "differences based on sexual orientation require particularly serious reasons by way of justification". In the Karner case, the justification for the provision made by the Austrian Government was that the aim was to protect the traditional family...

Seanad: Residential Tenancies Bill 2003: Committee Stage (Resumed). (6 Jul 2004)

Michael McCarthy: I will not refer to any form of dressing up. I welcome the Minister of State's statement that work may be done in this area in the context of other legislation. In the past ten or 12 years, successive Governments have made considerable improvements in equality legislation. It would be a pity if, in the third millennium, our record in this area began to abate. While I can understand that this...

Seanad: Residential Tenancies Bill 2003: Committee Stage (Resumed). (6 Jul 2004)

Michael McCarthy: I move amendment No. 21: In page 79, lines 47 and 48, to delete subsection (4). Section 123 deals with the binding nature of determination orders. It is only in exceptional cases that an appeal to the Supreme Court would be appropriate but the Bill should make provision for such cases.

Seanad: Residential Tenancies Bill 2003: Committee Stage (Resumed). (6 Jul 2004)

Michael McCarthy: I move amendment No. 22: In page 81, subsection (4), line 13, to delete "respondent will be unable to pay the costs of the applicant" and substitute "applicant will be unable to pay the costs of the respondent". The provisions of subsection (4) reverse the entire law of security for costs. The latter is not a mechanism which can be used to oppress a defendant but rather a mechanism whereby a...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Michael McCarthy: I move amendment No. 28: In page 15, subsection (1)(a), line 29, after "volition" to insert ", but with the consent of the parents of the child concerned." This amendment is necessary for constitutional reasons. The choice of a school is primarily a matter for the parents. Accordingly, the council should have the consent of the parents when designating the school their child should attend.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Michael McCarthy: I move amendment No. 29: In page 15, subsection (2), line 38, after "to" to insert "geographical convenience,". The purpose of this amendment is to encourage the council to think in terms of accommodating the child at the nearest available school, all other things being equal.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Michael McCarthy: I appeal to the Minister to look at the text of the amendment and to understand it. Inordinately long journeys will be involved in some areas if this amendment is not accepted. Some people may be lucky enough to live in an area where a range of services is available and it is not necessary to travel long distances but it will not be so easy for people living in rural areas. They will be...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Michael McCarthy: I move amendment No. 32: In page 18, subsection (1), between lines 2 and 3, to insert the following paragraph: "(a) the failure to include any particular action or service in an education plan, or". Section 12 is restrictively phrased. Parents can appeal the description of their child's needs or the failure to carry out actions specified in the plan but not the question of whether the action...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Michael McCarthy: I move amendment No. 34: In page 18, subsection (1), line 35, to delete ", with the consent of the Minister for Finance,". The current wording is inconsistent with the rights-based nature of the Bill.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Michael McCarthy: We are well aware of the Minister for Health and Children's constant battles with the Minister for Finance. It also affects other Ministers and Departments. When one looks at the issue, one cannot be of the same opinion as the Minister of State. There are constraints under which all Ministers operate but to give the Minister for Finance this power of veto is unhelpful and does not augur well...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Michael McCarthy: I will. The whole spirit of the Bill will be lost if amendment No. 34 is not accepted.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Michael McCarthy: The Minister of State has described the Minister for Finance as Accounting Officer but one must observe that there was little accounting done with regard to Punchestown, for example. I do not wish to divert from the matter at hand but where was the accountability in that instance? There was a clear neglect of proper accounting procedures.