Results 581-600 of 1,338 for speaker:Kathleen O'Meara

Seanad: Business of Seanad. (15 Jun 2004)

Kathleen O'Meara: Has Senator Henry been contacted?

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 45: In page 23, between lines 10 and 11, to insert the following subsection: "(5) A court hearing proceedings under a relevant enactment shall, on its own motion or on the application of one of the parties to the proceedings, have discretion to order disclosure of documents, information or evidence connected with or arising in the course of the proceedings to third...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: Can I take it that the Minister will deal with it on Committee Stage in the Dáil rather than on Report Stage in the Seanad?

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: This section relates to the in camera rule and proceedings being held in public. The legislation does not address the procedural inability of courts to order disclosure of certain aspects of family law proceedings and related documents in the interests of the parties or others affected, for example, children, nor does it enable witnesses or others with relevant information to disclose this to...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: It can be tabled under my name and that of Senator Henry on Report Stage.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 48: In page 24, subsection (3), lines 4 and 5, to delete all words from and including ", and" in line 4 down to and including "commencement" in line 5. This amendment deals with the issue of interest on costs, charges and expenses associated with certain judgments, orders and decrees. The reason we have tabled this amendment is that the section as it stands could...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I will not press the amendment, but, from what the Minister said, I do not think my concern has been addressed. Does he agree there is an inherent unfairness in this section?

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: That is fine.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: What about my point that this could constitute a disincentive to completing the process?

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: We are opposed to this section for the reasons set out in the amendments. There is no point reiterating them but we feel there is an inherent unfairness in the section as drafted.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: The amendment appears eminently sensible.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: The Minister is as good as his word. He has done what he indicated he would do. I have looked at the report of the full debate on this matter on Committee Stage and at the legislation. I am inclined to agree with the Minister that an extraordinary level of complexity would be created if there were one rule for medical negligence cases and another for non-medical negligence cases. I hope the...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I thank the Minister for bringing forward this amendment, which meets the concerns I raised on Committee Stage.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 12: In page 8, between lines 17 and 18, to insert the following: "(2) The amendment effected by this section shall not apply to actions for personal injuries arising from medical negligence or other actions falling outside the jurisdiction of the Personal Injuries Assessment Board, or to actions for personal injuries which are so serious as significantly to impair the...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: That is a pity. The arguments made on Committee Stage were important.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I agree with my fellow Senators that two months comprise a very short period. Four months would meet the Minister's intentions. I join Senator Henry in questioning how we will know the courts will interpret the provision in the same way as the Minister. We can only go on what is in the Bill and I am assuming the courts will do the same. While the Minister's intention is in the spirit of the...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 16: In page 9, line 20, after "summons" to insert "shall be in such form (if any) as may be prescribed by rules of court and". This amendment is fairly self-evident. Has the Minister had any thoughts on it since Committee Stage?

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I thank the Minister for his remarks and I withdraw amendment No. 16.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I move amendment No. 17: In page 9, between lines 37 and 38, to insert the following: "(3) A Statement of Claim shall not be required in a personal injuries action in the High Court and a defendant shall join issue on a personal injuries summons by delivering a defence thereto within twenty-one days from the service of the personal injuries summons.". I believe we also discussed this...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Kathleen O'Meara: I will defer to the Minister's superior knowledge on this matter.