Results 7,161-7,180 of 18,851 for speaker:Fergus O'Dowd

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (1 Apr 2014)

Fergus O'Dowd: A priority is established beginning with the attachment order, which is attached to earnings rather the individual. I presume that a recovery order would be made where assets are available to be disposed of and that a community service order would be used where it is not possible to recover assets. A community service order provides for discretion in that context and that is probably why it...

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (1 Apr 2014)

Fergus O'Dowd: In this Bill, there is an incorrect cross-reference to subsection (4) at the start of section 8(1)(a). This amendment corrects the reference which should be to section 7(2).

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (1 Apr 2014)

Fergus O'Dowd: I thank Senator Quinn for raising this issue. The amendment, if accepted, would have the effect of allowing for the appointment of a receiver under section 8(1)(a) but would prevent the receiver from seizing property and selling it. This would greatly reduce the efficacy of the receiver provisions in the Bill. I do not think the definition of property here is a house. Subject to...

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (1 Apr 2014)

Fergus O'Dowd: The provisions relating to recovery orders are the same as those in the Fines Act 2010. While the issue of a person's home is not addressed, it is difficult to conceive of a situation where a court would permit the seizure and disposal of a person's home to recover a fine. It would have to act proportionately. Under the legislation, the fine should be set at a level that takes account of...

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (1 Apr 2014)

Fergus O'Dowd: I will bring the comments of the Senators to the attention of the Minister for Justice and Equality for due consideration. I take the points they have made, particularly the last one. I will ask the Minister to re-examine the issue.

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (Resumed) (1 Apr 2014)

Fergus O'Dowd: I thank the Senators for their comments and views and I understand the concerns. I suppose the proportionality of the action is key, and the Senator is concerned that if the action is not proportionate to the initial offence, there will be a significant adverse impact. Section 8 provides for the appointment of receivers under a recovery order made by the court. Recovery orders will be made...

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (Resumed) (1 Apr 2014)

Fergus O'Dowd: Senator Quinn wishes to see this section removed from the Bill but the section provides for the making of attachment orders directing a person’s employer to deduct a fine from the person’s earnings and pay it to the Courts Service. The introduction of attachment of earnings is a commitment in the programme for Government and it is one that makes a lot of sense. When the court...

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (Resumed) (1 Apr 2014)

Fergus O'Dowd: The maximum order that can be made where someone receives a social welfare payment is €2 per week. That would take a significant length of time. It is felt that the individual who must pay the fine should consider the three options, and one is therefore not being considered. The Senator could raise this on Report Stage next week.

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (Resumed) (1 Apr 2014)

Fergus O'Dowd: The Senator wants to delete section 23(2)(c). Section 23 deals with data sharing and data exchange. It is intended to allow the Courts Service to obtain information from the Revenue Commissioners or the Minister of Social Protection to assist in the recovery of fines. As the Senator points out, paragraph (c) allows for a person or body other than Revenue or the Minister for Social...

Confidence in the Minister for Justice and Equality; and Defence: Motion (Resumed) [Private Members] (2 Apr 2014)

Fergus O'Dowd: The Minister, Deputy Shatter, is clearly one of the most effective Ministers of Justice and Equality we have ever had since the foundation of the State. He has been a most reforming Minister, enacting 21 separate pieces of legislation during the past three years. He has overseen a further five Bills which are currently before the Oireachtas and he is directly involved in drafting an...

Written Answers — Department of Communications, Energy and Natural Resources: Renewable Energy Incentives (2 Apr 2014)

Fergus O'Dowd: The National Renewable Energy Action Plan projects that heat from renewable sources will amount to 12% in the context of achieving our 2020 renewable energy targets. The uptake of the Combined Heat and Power (CHP) capacity under REFIT 3, launched in early 2012, will make a contribution to achieving this, along with migration to renewable heat in response to market forces. The requirements of...

Written Answers — Department of Communications, Energy and Natural Resources: Departmental Funding (8 Apr 2014)

Fergus O'Dowd: I am aware of and appreciate the tourism and amenity potential of the former Avoca mine site. This issue co-exists, however, with the public health and safety aspects, environmental conditions and industrial heritage preservation in the area. It is essential that an appropriate balance be struck in dealing with the various matters. In the first instance funding of €3 million is...

Written Answers — Department of Communications, Energy and Natural Resources: Bioenergy Strategy Implementation (9 Apr 2014)

Fergus O'Dowd: My Department is currently finalising a Bioenergy Strategy which will set out the actions required to optimise the contribution that energy from biomass can make to achieving Ireland's 2020 renewable energy targets. Analysis underpinning the strategy suggests that targeted measures to incentivise the use of biomass for energy can have a significant impact particularly in the heat sector and...

Electoral (Amendment) (No. 2) Bill 2014: Committee and Remaining Stages (16 Apr 2014)

Fergus O'Dowd: Deputy Murphy's amendments provide that for a Dáil election a candidate who is not a candidate of a political party, as registered, shall be entitled to use the word "Independent" rather than "non-party". The amendments reflect Deputy Murphy's Electoral (Amendment) Bill published on 1 April 2014. The relevant provisions of the 1992 Act set out that the expression "non-party" may be...

Seanad: Electoral (Amendment) (No. 2) Bill 2014: Committee and Remaining Stages (16 Apr 2014)

Fergus O'Dowd: I thank the Senators on all sides for supporting the Bill. It is a good and brave step forward for democracy that anybody who wishes to stand can do so despite having a financial issue like bankruptcy. An existing public representative may become bankrupt and it is important that he or she can continue in the work as well, as the people should ultimately decide on their representation....

Written Answers — Department of Communications, Energy and Natural Resources: Angling Charges (30 Apr 2014)

Fergus O'Dowd: I propose to take Questions Nos. 419 and 421 together. A compulsory charge for anglers is not being introduced in the context of the proposed new inland fisheries legislation. I have set this position out clearly on a number of occasions, but would, in particular, refer the Deputies to the reply to Question No. 628 on 25 March which addresses the issues they have raised in considerable detail.

Written Answers — Department of Communications, Energy and Natural Resources: Salmon Fishing Licences (30 Apr 2014)

Fergus O'Dowd: I understand the Deputy is seeking consideration of the possibility of reinstating licences for former salmon fishermen who availed of the Salmon Hardship Scheme which was funded by the State to facilitate a cessation of fishing. The Hardship Scheme was introduced following a Government decision to cease the commercial salmon mixed stock fishery in the sea for conservation reasons. Under...

Housing Provision: Motion (Resumed) [Private Members] (1 May 2014)

Fergus O'Dowd: Having listened to the last speaker, I note he has completely ignored the fact we have been experiencing a very serious economic crisis, and the best way to deal with anybody in difficulty is through creating employment. This Government has created employment for over 60,000 people in the past year.

Housing Provision: Motion (Resumed) [Private Members] (1 May 2014)

Fergus O'Dowd: Deputy Mathews was voted in on this side of the House and he will have to face the electorate in that regard.

Housing Provision: Motion (Resumed) [Private Members] (1 May 2014)

Fergus O'Dowd: There are 60,000 people working today who were not working this day last year. There is a prediction for significant growth in the economy and job creation; we have reduced our unemployment rate from a high of 15%, as Deputy Donnelly knows, to 11.7%. It is still high but it is below the European average. Our economy is growing and the Government has put its efforts into economic recovery...