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Seanad: Land Bill 2004: Second Stage. (7 Oct 2004)

Michael McCarthy: Colleagues in the Minister's own party and others do not see fit to have female spokespersons for agriculture. I am sure the Minister will be relieved to know that not only am I the Labour Party's spokesperson on social affairs, but I am also its spokesperson on agriculture. The Minister and I have had genuine exchanges and in my previous encounters with her I have found her to be both...

Seanad: Order of Business. (13 Oct 2004)

Michael McCarthy: I second the amendment moved by my party leader this morning. As regards overseas development aid, the Taoiseach made clear commitments not only to the United Nations but to the social partners. There was also a very clear commitment in the programme for Government. The Minister of State, Deputy Conor Lenihan, said it was not a promise. The Government cannot have it both ways. It cannot on...

Seanad: Order of Business. (13 Oct 2004)

Michael McCarthy: I want to touch on one issue raised by Senator McHugh. The backbone of the fishing industry is west Cork, not Donegal.

Seanad: Medical Cards: Motion (13 Oct 2004)

Michael McCarthy: I too welcome the Tánaiste and Minister for Health and Children and congratulate her on her appointment to that Department. She is a brave person to take on a troublesome area, a Department famously described by the Minister, Deputy Cowen, as "the Angola" of Departments. There is a great deal of work to be done in this area. In 2002 the coalition parties gave a clear commitment, at a time of...

Seanad: Medical Cards: Motion (13 Oct 2004)

Michael McCarthy: The Chair and Senator O'Rourke have almost used up the minute.

Seanad: Order of Business. (14 Oct 2004)

Michael McCarthy: I would like the Leader to arrange a debate on the operation of the Personal Injuries Assessment Board. It is clear that insurance companies are still making exorbitant profits at the expense of young people in particular. I reiterate the call made in this House on many occasions by Members on both sides for the Minister for Arts, Sport and Tourism to live up to his commitment to give the GAA...

Seanad: Land Bill 2004: Committee Stage. (14 Oct 2004)

Michael McCarthy: I move amendment No. 3: In page 3, subsection (2), line 35, after "effect" to insert "and shall cancel any existing entry to the contrary effect". This amendment deals with the discharge of land purchase annuities. This is a drafting amendment. It is not sufficient for the Registrar of Titles to simply make a new entry in the register on the passing of the Act. The registrar should be...

Seanad: Land Bill 2004: Committee Stage. (14 Oct 2004)

Michael McCarthy: I move amendment No. 7: In page 4, line 20, to delete "Department" and substitute "Minister". The Department of Agriculture and Food is not a legal entity. The Minister is the sole legal corporate body and, accordingly, the section should refer to moneys due by the Minister to a person and not by the Department. I am sure the Minister will look favourably on the amendment.

Seanad: Land Bill 2004: Committee Stage. (14 Oct 2004)

Michael McCarthy: Only for conduct unbecoming.

Seanad: Land Bill 2004: Committee Stage. (14 Oct 2004)

Michael McCarthy: I accept the Minister's response and will withdraw the amendment on that basis. However, we need to be cognisant of this matter. At some stage in the future the interpretation will be made on the basis of European law. If a legal stand-off occurs between somebody and the Department, the sole legal corporate entity would be Minister as opposed to the Department.

Seanad: Land Bill 2004: Committee Stage. (14 Oct 2004)

Michael McCarthy: I move amendment No. 10: In page 4, subsection (1), lines 29 and 30, after "payments" to insert "recoverable". Some arrears of annuities may not be recoverable. For example, the arrears might be statute barred or could have been discharged under section 2 of the Bill. In such cases the arrears should not prevent the giving of a certificate for the purposes of section 5 of the Bill.

Seanad: Land Bill 2004: Committee Stage. (14 Oct 2004)

Michael McCarthy: I move amendment No. 11: In page 4, subsection (1), line 31, to delete "not more than" and substitute "on or after the day which is". This is a drafting amendment designed to remove an ambiguity in the subsection. As the subsection is drafted, the certificate of the Minister must be dated not more than four months prior to the date of the instrument. This is somewhat ambiguous as it could be...

Seanad: Land Bill 2004: Committee Stage. (14 Oct 2004)

Michael McCarthy: I move amendment No. 12: In page 4 between lines 32 and 33, to insert the following new subsection: "(2) The Minister shall, on application by a person entitled to a certificate under subsection (1), issue such a certificate as soon as practicable after such an application.". There is a strange omission from the section in that while an individual is required to produce a certificate issued...

Seanad: Land Bill 2004: Committee Stage. (14 Oct 2004)

Michael McCarthy: While I accept what the Minister said, I would be happier if the legislation specified an obligation on the Minister to issue the certificate, irrespective of who is the Minister. While I accept her sentiments in this respect, having such an obligation to issue a certificate gives a firm base. We can allow for situations whereby the intention may be to issue a certificate as soon as...

Seanad: Land Bill 2004: Committee Stage. (14 Oct 2004)

Michael McCarthy: This is something we need to be mindful of in other areas. As far as I know, this is the second of two Bills introduced by the Department in the past two years. We need to try to make legislation more user-friendly. It is important that it should be easier for ordinary lay people to interpret legislation. Departmental civil servants should be obliged to be fair and balanced in their...

Seanad: Order of Business (Resumed). (20 Oct 2004)

Michael McCarthy: Mindful of the Cathaoirleach's disposition, I will be brief. I ask the Leader to arrange a debate on a report of the Committee of Public Accounts, a number of the recommendations of which are frightening. One does not need to be a financial wizard to figure out that some of what has gone on in the Department of Finance would make the hair on the back of one's neck stand up. For example, it...

Seanad: Land Bill 2004: Report and Final Stages. (20 Oct 2004)

Michael McCarthy: I second the amendment.

Seanad: Land Bill 2004: Report and Final Stages. (20 Oct 2004)

Michael McCarthy: I second the amendment.

Seanad: Land Bill 2004: Report and Final Stages. (20 Oct 2004)

Michael McCarthy: I move amendment No. 4: In page 4, line 24, to delete "Department" and substitute "Minister". I wish to reiterate the case I made on Committee Stage regarding these amendments. I have obtained advice from senior counsel on this issue in the interim. The Department of Agriculture and Food is not a legal entity. The Minister is the legal corporate entity and, accordingly, the section should...

Seanad: Land Bill 2004: Report and Final Stages. (20 Oct 2004)

Michael McCarthy: That is similar to the response on Committee Stage. However, the amendments have been tabled in the context of Irish law. The Minister has not addressed the basic point. The Public Service Management Act 1997 provided for Departments to be given legal status and I seek clarity in this regard. Clearly, the Department is not a legal entity. The Labour Party has obtained legal opinion on this...

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