Results 681-700 of 16,537 for speaker:Brian Lenihan Jnr

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: It is not clear that the provisions in the chapter will provide for changes in work practices or reorganisation. However, if they do, there is established arbitration and conciliation machinery in the Department, which has worked well down the years and which is available to be used. I share the concern of Senator Maurice Hayes that is not essential as a matter of legislative practice to...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: If issues are raised, they will be discussed. However, I would not like the Seanad to think I am attaching a price tag to my comments because the Garda engages in a great deal of liaison with the community and bodies of different character have been established in various parts of the country such as policing forums and local consultative bodies to work with the Garda. The legislation will...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: I will have a fresh look at the matter. With regard to the suggestion that the word "shall" should be substituted for the word "may" in section 31, Senators should consider the express terms of section 32, because it provides that "A local authority and the Garda Commissioner shall arrange for the establishment of a joint policing committee in accordance with guidelines." Therefore, there is...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: Correct. I am suggesting that we consider an amendment that will impose some element of obligation on the drawing up of the guidelines. However, the correct form of amendment may not be to replace the permissive word "may" with the mandatory word "shall" in section 31(1), which is what most Senators favour. The correct course may be to put a strict time limit on the drawing up of the...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: I will upset the Senators in a moment.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: In my heart of hearts I have great sympathy with the unanimous view of the Seanad. That said, the words "may" and "shall" have caused endless grief in litigation over many centuries. Senators will be pleased to hear that courts have often decided that the word "may" does, in fact, mean "shall". In the context of the Bill, if the Minister did not proceed to issue the guidelines, the courts...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: I will come back to the Seanad on this point on Report Stage.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: It might assist matters if I spoke now.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: Senators do not have local constituencies.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: I will reply. It might assist the course of the debate. Senator Cummins has raised a number of interesting points and the Minister is undertaking to reflect on them and bring something forward on Report Stage. That was the point I felt might hasten debate on this issue. To take up some of the points made in the debate, the point in the amendment about the terms of office of the joint policing...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: It is also possible, however, to reinvent the poor law union and have the outlying area included by combining the town councillors with the relevant county electoral area councillors. That seems to me to be an attractive option in provincial Ireland. All these options are possible under the legislation. The Minister will need to draw up guidelines to accommodate a degree of local choice with...

Seanad: Site Acquisitions. (9 Dec 2004)

Brian Lenihan Jnr: I thank Senator Terry for raising the matter. I am aware of her great interest in St. Patrick's national school. I share it not only as a Deputy of the Dublin West constituency but as a Minister of State at the Department of Education and Children. I am glad Senator Terry has given me the opportunity to record the current position on the provision of a new school building for St. Patrick's...

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: This amendment would have the effect of confining the definition of "clinical judgment" in the interpretation section of the Bill to practice by medical practitioners. This would exclude the exercise of clinical judgment by other health professionals such as nurses and a wide range of allied health professionals. That is not the intent of the provision in the Bill. The Bill contains a wider...

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: I must disappoint the Senators. Like them, I am in the hands of the Constitution as well but the Dáil is sitting on Thursday afternoon whereas the consideration of this Bill by Seanad Éireann concludes at lunchtime on Thursday.

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: There is what lawyers call a scintilla temporis, a moment in time.

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: Something could be achieved at that moment. After that it is downhill from my brief perusal of the notes I have before me. I would be pleased to address the points raised by the Senators, for example the question of consultation. The legislation is not being rushed through the Houses without consultation because the Government announced the reform programme 18 months ago and the need and...

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: That is the conviction of the Government and the basis of the thinking in the Prospectus report. The amendment is very well worded and is "subject to the provisions of the Act and to available resources" but there is a danger that were we to enact legislation in that very general sense at this or any point, decisions on treatment would be made in the courts instead of by health and social...

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: Any Dublin Deputy would agree.

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: They have not yet been advanced.

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: As I outlined in my commentary on the amendment moved by Senator O'Meara, this Bill has nothing to do with eligibility or entitlement under the health legislation. Senator O'Meara made a comment, perhaps it was a stray one, that there was a reduction in rights as a result of this Bill. There is no such reduction in rights. Every entitlement and eligibility that is there for the patient and...