Results 7,541-7,560 of 21,096 for speaker:Charles Flanagan

Mediation Bill 2017: Order for Report Stage (11 Jul 2017)

Charles Flanagan: I move: "That Report Stage be taken now."

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I move amendment No. 1:In page 5, line 5, to delete “civil”. Amendment No. 1 proposes deletion of the word "civil" from the first line of the Long Title. The term "dispute" rather than "civil dispute" is in use throughout the Bill, so "civil" is superfluous in line 1. Deputies will recall that on Committee Stage I introduced the new Part 6, which includes amendments to family...

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I move amendment No. 2:In page 5, line 14, after “sessions;” to insert the following:“to amend the Guardianship of Infants Act 1964, the Judicial Separation and Family Law Reform Act 1989 and the Family Law (Divorce) Act 1996;”

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I move amendment No. 4:In page 6, line 21, to delete “confidential facilitative voluntary” and substitute “confidential, facilitative and voluntary”. This is purely a drafting amendment in respect of the definition of mediation in section 2 and it improves the readability and clarity of the section.

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I appreciate the comments of Deputy Ó Snodaigh and the intention behind them. We had an opportunity to debate these issues in the earlier Stages of the legislation and I am unable to accept the amendments. I will make two important points. First, I wish to make the point quite clearly that in section 3(1)(h), on the matter of the scope and extent of the legislation, there is a...

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: Section 3(1)(h).

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: Another issue about amendment No. 6 which would be particularly unfortunate and could have the opposite effect to what we are trying to do with this Bill is that any weakening of support for mediation in family law cases on the grounds of alleged domestic abuse could in some circumstances encourage the making of such allegations with a view towards getting around the obligations on solicitors...

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: Amendment No. 9 is one we are happy with and we can accept it without further debate. Amendment No. 8 involves an issue we discussed recently on Committee Stage. Deputy Daly proposes to replace the reference to "any code of practice" with "the code or codes of practice published under section 9". I have a difficulty with this wording because it refers only to a code published under section...

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: We discussed this matter recently on Committee Stage. What is contained in the amendment tabled by Deputy Wallace and me meets an issue that was raised at that Stage by way of clarification, which is that the mediator must furnish the parties with a copy of any code of practice under section 9 to which he or she subscribes. If we recall it, on Committee Stage a fear was expressed that a...

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I acknowledge the point raised by Deputy Madigan in respect of the amendment to section 8. However, section 8(1)(c) provides that the mediator shall "furnish to the parties a copy of any code of practice to which he or she subscribes in so far as mediation is concerned". It goes without saying that the mediator should abide by such terms. Otherwise the parties would have a good ground for...

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I move amendment No. 12:In page 10, line 28, to delete “may,” and substitute “shall, as soon as practicable after the coming into operation of this section and”. I refer to the contributions on Committee Stage of Deputies Clare Daly and Mick Wallace who withdrew a number of amendments concerning codes of practice in order to allow for further reflection on my part....

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I move amendment No. 14:In page 10, line 29, to delete “a code of practice” and substitute “a code or codes of practice”.

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I move amendment No. 16:In page 10, line 31, to delete “a code of practice” and substitute “a code or codes of practice”.

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I move amendment No. 18:In page 10, line 31, to delete “a person” and substitute “any person”. I will withdraw the amendment.

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: This group of amendments relates to codes of practice under section 9(2) of the Bill. I regret I am unable to accept amendments Nos. 19 to 21, inclusive, and 23. On Committee Stage, concern was expressed that the list of matters that could be covered in a code of practice was too prescriptive and that section 9(2) be amended to provide that other matters relevant to the conduct of mediation...

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: This is what happens when the Deputy seeks advice - he still insists on pressing his amendment.

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I acknowledge the reasonable point made by Deputy Madigan and her indication that she does not intend to press the amendment. However, a code of practice for mediators is not the most appropriate place to deal with training standards on the basis that a code of practice is for mediators rather than those who are seeking to become mediators. I draw the Deputy's attention to 1(b) of the...

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I move amendment No. 24:In page 11, line 5, to delete "mediation." and substitute "mediation;".

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I move amendment No. 25:In page 11, between lines 5 and 6, to insert the following:"(h) any other matters relevant to the conduct of mediation.".

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I very much agree with Deputy Madigan that mediators should register with the Mediation Council and I am confident that those who are actively engaged as mediators will do so on a voluntary basis by subscribing to the section 9 codes of practice we have been debating. However, I am not convinced that imposing an obligation on mediators to register with the Mediation Council at the outset...