Results 7,361-7,380 of 21,096 for speaker:Charles Flanagan

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: In response to Deputy Wallace, when he says that it makes sense, I do not take the view that it does not make sense. I merely take the view that a strict reading of section 10 will cover all aspects of confidentiality in a way that I believe to be absolutely sufficient. In the circumstances, I see the amendment as being less than necessary.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I do not wish to divide the committee. I do not see it as necessary. I can live with it and accept it.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: When I said that I am not going to divide the committee, I meant that I am not going to be responsible for the committee dividing.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: Entirely in that spirit, I reluctantly accept the amendment.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 11:In page 10, line 1, to delete “terminated.” and substitute the following:“terminated;”. “(g) such other terms (if any) as may be agreed between the parties and the mediator.”. Section 7 concerns the agreement to mediate to be signed by the parties and the mediator. I have tabled this amendment following a submission from the...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: This group of amendments deals with the issue of a code of practice for mediators under section 9 of the Bill. As regards section 8, I am unable to accept amendment No. 12 in the name of Deputy Wallace and amendments Nos. 13 and 14 in the name of Deputy Daly. Amendment No. 12 proposes to amend section 8(1)(c) in a manner which would require a mediator to furnish the client with a code of...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I note that Deputy Wallace has indicated his intention to withdraw amendment No. 12 and I welcome that. I merely wish to make the point that should section 9(1) be changed to impose a duty on the Minister by inserting "shall" rather than "may", it would exclude the likely probability of there being more than one code of practice. I listened to the point raised by Deputy O'Callaghan, but the...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: In response to the point Deputy Daly made in respect of any code of practice and the relationship between section 8(1)(c) and the obligation on the mediator to furnish to the parties any code of practice he or she has, I believe that should be read in the context of section 9(1). I ask the Deputy to let me deal with that specific issue on Report Stage and not to press that particular...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I very much accept that. I acknowledge the Deputy's right to come back to this on Report Stage but I am unable to accept the amendment having regard to section 9. I ask her to leave it with me. I will see what I can do between now and Report Stage.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 16:In page 10, line 34, to delete "a code" and substitute "codes". I will withdraw the amendment on the basis that I will examine the issue. This relates to the possibility of there being more than one code of practice.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 17:In page 10, line 36, to delete "a code" and substitute "codes".

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 18:In page 10, line 36, to delete "a person" and substitute "persons".

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 19:In page 10, line 37, to delete "purports" and substitute "purport".

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 26:In page 11, between lines 4 and 5, to insert the following:"(c) procedures to be followed by mediators in the conduct of a mediation requiring consultation, by a mediator, with a child;".

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I acknowledge what the Deputy has said in this regard. The section imposes a general confidentiality obligation on the mediator and parties to a mediation. Following a review of the section, it has become clear that it does not go far enough in ensuring the confidentiality of the mediation process. For this reason, amendment No. 29 proposes deletion of the words "by the mediator with the...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: It covers all parties.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: Section 10(1) covers all records and notes relating to the mediation and there should be no disclosure in any proceedings either before the court or otherwise. We cannot improve on that. The subsection speaks for itself and it covers everything.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: Of course, yes. I have tabled two further amendments to the section. The first corrects a drafting error in section 10(3) by substituting the word "admissible" for "inadmissible". This makes it clear that evidence introduced in mediation that is otherwise admissible or subject to discovery in proceedings shall not become inadmissible solely because it was introduced or used in mediation....

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 29:In page 12, lines 8 and 9, to delete “by the mediator with the parties” and substitute “(including oral statements)”.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 30:In page 12, line 24, to delete “otherwise inadmissible” and substitute “otherwise admissible”. Amendment agreed to.