Results 701-720 of 7,652 for speaker:Joanna Tuffy

Seanad: Commissions of Investigation Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: There is a big difference between being able to respond to something in written form as opposed to verbally. If a person was allowed to attend and pick into the evidence, he or she would have a much better chance of saving his or her reputation than if he or she put something on paper. This is an obvious point which explains why we have courts, evidence and cross-examination in the first place.

Seanad: Commissions of Investigation Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: I move amendment No. 18: In page 14, subsection (5), line 22, after "them" insert "and shall publish in Iris Oifigiúil any rules and procedures adopted pursuant to this section." This section is defective in that it does not require publication of the rules adopted under section 14. Our amendment seeks to rectify this.

Seanad: Commissions of Investigation Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: I move amendment No. 19: In page 15, subsection (6), line 40, after "member" to insert ", on notice to the person concerned,". The purpose of these amendments is to avoid any doubt in the event of an application to the High Court to compel persons to comply with directions and that those applications be made on notice. It would be unfair if such an application were made without notifying the...

Seanad: Commissions of Investigation Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: I move amendment No. 21: In page 17, subsection (2)(a), line 39, after "information" to insert "or requires production to it of a document for the purpose of determining whether or not such document is privileged". The Labour Party feels the legislation is flawed in the way it deals with privileged documents. As drafted, the Bill requires in section 24(a) that a commission must examine a...

Seanad: Commissions of Investigation Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: I move amendment No. 35: In page 25, subsection (2), lines 31 to 36, to delete paragraphs (a), (b) and (c) and substitute the following: "(a) inform the person that it intends to amend the report, including by omitting any part of the report based on evidence received without observing fair procedures, and give the person an opportunity, if desired, to apply to the Court pursuant to...

Seanad: Commissions of Investigation Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: The amendment may not be worded in the best way possible but it attempts to address a problem. It is not clear whether or not a person could go back to the court after subsection (2) has come into operation. He or she probably could. It is uncharted territory. I will withdraw the amendment with a view to having it reintroduced on Report Stage and to give the Minister of State an opportunity...

Seanad: Commissions of Investigation Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: I move amendment No. 42: In page 28, between lines 41 and 42 to insert the following paragraph: "(a) utterances by witnesses, solicitors or barristers, whether oral or written to a commission;". There is some protection of privilege and immunity for witnesses in the Bill but there is no privilege for lawyers comparable to that which obtains in the High Court. This is an omission because such...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: Other Senators have largely covered the matters I wished to raise. I ask the Minister and the Department to reconsider this issue. The idea that the right to education no longer applies once a person turns 18 years does not fit in with reality on the ground. Most students will complete second level education at the age of 19 years as a result of transition year and the policy of many primary...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: I move amendment No. 3: In page 7, before section 2, to insert the following new section: 2.—It is hereby declared that, in enacting this Act, the Oireachtas has had regard to the following principles:— (a) legislation in the area of education of persons with disabilities must be based on international human rights standards; (b) the overall objective of such legislation must be equal...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: I am not sure I agree with the Minister of State. What the amendment seeks would be akin to putting a charter in the legislation. The Minister of State said that certain things are inherent in the Bill but this spells them out more specifically. Paragraph (e) mentions the involvement of the person with the disability as an element of the process. The rights-based system is also specified...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: I move amendment No. 4: In page 7, paragraph (b), line 20, after "for" to insert "the child concerned and the". The purpose of the amendment is to broaden section 2(b). As currently worded, the section requires attention to be given to the needs of the other children and not the particular child with disabilities. Our amendment seeks to correct that imbalance.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: I support the amendment. I have experience of dealing with this issue that was raised with me by parents of children with special needs in a local school catering for children with autism. When I raised the issue with the Department of Education and Science, however, I was told it concerned the Department of Health and Children, and vice versa. The lines were crossed in that case but the...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: I move amendment No. 6: In page 7, subsection (2), line 36, after "concerned" to insert ", unless he or she is of the opinion that measures open to him or her are unlikely to meet the educational needs of the child, in which case the principal shall request the Council to prepare an education plan under section 7 in respect of the child". The way in which the Bill is worded at present means...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: What is the position when parents do not request the council to prepare the plan? Section 3(1)(a) refers to parents notifying the principal; however, section 3(1)(b) states that the principal can form an opinion in respect of a student. What is the position in this case? Irrespective of what the parents decide to do, surely the principal should be able to make a decision, as is the case under...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: It still seems that the principal has to go through the motions because he or she knows it will not have any effect. He or she must still implement subsection (3) before seeking an assessment. That is my understanding of the section as it is worded.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: I support Senator Burke's amendments. While the Minister of State has argued they are not required, they would add to the legislation and make it clear that what we are talking about is a plan for the individual's needs. The inclusion of these amendments would underpin the intention of the legislation and reinforce the idea of individual rights as regards the educational needs of a child.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: Section 4(6) refers to an assessment for the purposes of this section and goes on to explain it while section 3(3) refers to the principal arranging for an assessment but it does not link the two. I thought that, perhaps, it was contained in the definitions but it is not. Senator Burke is concerned with continuity in the legislation. While "assessment" is defined in section 4(6), the...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: I move amendment No. 10: In page 8, subsection (9)(a), line 31, to delete "child," and substitute "child are involved in the preparation of the plan in a spirit of partnership and". The purpose of this amendment is to change the role of parents from being that of persons who are simply consulted to persons centrally involved in the preparation of a plan in a spirit of partnership. As...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: The way the legislation is worded gives rights to parents but they are limited rights. Parents can request an assessment or there are certain decisions they can appeal when an education plan is drawn up. I will deal with this point later, but parents cannot appeal in regard to the contents of an education plan in terms of what is required by the student, although they can appeal in regard to...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Joanna Tuffy: I move amendment No. 13: In page 10, subsection (5), lines 7 to 9, to delete paragraph (a). This amendment is to strengthen the parents' role by reducing the power to refuse an assessment. I would like to hear the Minister's comments on it.