Results 821-840 of 6,030 for speaker:Brendan Ryan

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: As the Minister of State said, this is the nub of the argument. He is not going to agree to this, which is a great pity, but I will deal with some of his arguments. What is singularly unimpressive is neither the goodwill of the Minister of State today, nor that of the Minister yesterday, but the fact that the arguments which are far from convincing are being drawn up to justify a position....

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: I do not want to get into an argument with the Chair about potential charges on the Revenue, but subsection (5) states: proceedings under this section shall not be brought in respect of any contravention of subsection(1) which arose more than one year before the commencement of the proceedings. In other words, one must sue within a year of the alleged contravention.

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: I move amendment No. 18: In page 6, between lines 8 and 9, to insert the following new subsection: "(3) The registrar of the court concerned shall transmit a certified copy of an order containing a declaration of incompatibility to the Chief State Solicitor within 7 days of the perfection of the order.". The lawyers from whom I take advice indicate a slight gap in the process. Therefore,...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: Did I miss a reference to amendment No. 20?

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: I will not argue with the Minister of State about amendment No. 18 which I am quite happy to withdraw. I take it that his undertaking is perfectly reasonable. However, I am not sure that unfinalised judicial decisions should be the basis for communicating with the Oireachtas. If a judicial decision is made in the High Court that something is incompatible with the convention and if the State...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: I move amendment No. 19: In page 6, line 10, after "incompatibility" to insert "and, unless the declaration was made by the High Court and has been appealed, a statement as to the Government's proposals (if any) to address the incompatibility". One of the extraordinary points – the Minister for Justice, Equality and Law Reform dealt with it on Second Stage – in respect of the Bill is that...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: I do not want to waste time, but I invite the Minister of State to address section 5(2)(a) which states that, "A declaration of incompatibility . shall not affect the validity, continuing operation or enforcement of the statutory provision". Essentially, this means that even if the Supreme Court rules that an item of our law is incompatible with the European Convention on Human Rights we will...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: That is what it says.

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: In fact, it does not. When Senator Norris's case arose, we did not use the Constitution. Some people tried to argue that, but the view of the then Government and the then Fianna Fáil Minister was that it was nonsense. I believe it was nonsense. If somebody comes before the Supreme Court and obtains a ruling that what was done to them was done by legislation which is incompatible with the...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: I move amendment No. 20: In page 6, line 12, to delete "making" and substitute "perfection". Question, "That the word proposed to be deleted stand", put and declared carried. Amendment declared lost.

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: I move amendment No. 26: In page 6, between lines 30 and 31, to insert the following new subsection: "(6) Where as a result of an incompatibility between a statutory provision or rule of law and a Convention provision, or a failure to act in a manner compatible with a Convention provision, a person has been convicted of a criminal offence in circumstances where but for the incompatibility or...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: The Minister of State should not underestimate our skills.

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: I appreciate complexity and I understand the complexity of this section, but that is no excuse for section 5(2)(a), which provides that the declaration of incompatibility shall not affect the validity, continuing operation or enforcement of the statutory provision or rule of laws in respect of which it is made. The wording is appalling. Essentially, this means that the while the declaration...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: I have no objection to the amendment, but I wish to pose a question. When we discuss the convention provisions to which the amendment refers or those to which the section refers, we are speaking only about those provisions that will be referred to in European Convention on Human Rights Act 2003. Does section 7 restrict the Human Rights Commission to the defence and vindication of those...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Brendan Ryan: Is the commission entitled to assist people in asserting those rights even though they are not mentioned in the Bill?

Seanad: Order of Business. (1 Jul 2003)

Brendan Ryan: I agree with my colleagues on the Immigration Bill. No amount of talk of reforming the Oireachtas will have any meaning if this scale of legislative gazumping can be imposed on us without proper debate. These amendments will be subject to a truncated debate in the other House and we will have to discuss them as one in this House, even though, as I understand it, they represent multiple pages...

Seanad: Order of Business. (1 Jul 2003)

Brendan Ryan: I am no great fan of the Taoiseach politically, or of the party he represents, but this was an outrageous intrusion into an entirely private matter where, even though there may be an enormous degree of prurience, there is absolutely no public interest involved. Two weeks ago I called for the sacking of the Rail Procurement Agency. Everything I have learned since confirms my view which I...

Seanad: Order of Business. (1 Jul 2003)

Brendan Ryan: Of course, it is.

Seanad: Order of Business. (1 Jul 2003)

Brendan Ryan: Is the Leader accepting it?

Seanad: Order of Business. (1 Jul 2003)

Brendan Ryan: Yes. Amendment put.