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Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Joanna Tuffy: I move amendment No. 12a: In page 5, after line 33, to insert the following new section: "3.—That following the passing of this Act that a review group would be established to look at the adequacy of the minimum amount retained by the patient.". I raised this issue on Second Stage. The Irish Senior Citizens' Parliament has pointed out that the provisions in this section essentially leave...

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Joanna Tuffy: Will the Minister of State indicate where these people are covered under the Bill?

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Joanna Tuffy: I thank the Minister of State and his officials for their work on the Bill. Obviously, I do not support the legislation but I accept that the Department has had to deal with the issue. I appreciate the time constraints involved. The most important point is that there has to be a better way of proceeding than this one. There are not many alternatives for elderly people who require...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Second Stage. (26 Jan 2005)

Joanna Tuffy: Senator Cummins referred to the delay in bringing the legislation to this House. One of the problems about such a delay, even though it is not the longest delay in bringing a Bill to this House, is that the legislation is no longer under the media spotlight. Many criticisms of the legislation have been forgotten. The criticisms of the legislation made in 2002 and 2003 stand. Senator Mansergh...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: I support Senator Cummins's amendment. I raised this issue on Second Stage. What are the Department's plans for the implementation of the report published by Mr. Justice Hederman?

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: I move amendment No. 2: In page 8, line 32, after "2002" to insert "(OJ L 164, 22.6.2002, P3)". Amendments Nos. 2 and 3 are drafting amendments to insert references to the relevant passages in the Official Journal of the European Union. I would like to hear the Minister's comments thereon.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: I move amendment No. 4: In page 9, line 3, after "a" to insert"democratic". The Human Rights Commission suggested this amendment because the broad definition of terrorism in the Bill would cover legitimate acts of rebellion against a tyrannical or despotic government. We want to ensure that is as far as it would go.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: Senator Maurice Hayes refers to murder but the definition of terrorism in the Bill is much broader. To respond to the Minister's points, if we used the word democratic in the legislation it would refer to our understanding of democracy. We consider this to be a democratic society and our judgment would be that democracy includes free elections in which people have the right to put themselves...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: I move amendment No. 6: In page 47, before section 51, to insert the following new section: "51.—Where the Director of Public Prosecutions certifies, pursuant to the Offences against the State Act 1939, that the ordinary courts are inadequate for the trial of an offence, the Director shall, if requested by the Defendant, either give reasons for the making of such a certificate or apply to...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: I am prepared to accept what the Minister has said, that our solution might not be the right one. I hope he will examine the matter, however. The UN human rights committee has raised this issue, so surely it is our responsibility to try to address it. We should try to find the required mechanism, even if it is difficult to do so due to the complexity of the issue. We must respond; we cannot...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: This is a complicated issue. Is the word "data" defined in the legislation? My understanding is that the Garda Commissioner has to request the service provider to keep the data and it would not have to keep it unless requested by the commissioner. Surely the Garda Commissioner would be inclined to write to all the service providers asking them to keep the data. Surely also the legislation...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: I apologise for interrupting the Minister but it is being retained for a different purpose than originally. Surely six months does not have the same legal purpose.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: Yes, through the Chair.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: This is a new amendment which has just been introduced at this late stage.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: It is a very significant new departure. The Minister mentioned a period of six months for retention of information. My understanding is that the reason for keeping the information for six months was different from the reason that information will be kept for three years under this legislation. I can understand the reasoning behind it and I am not arguing against it. However, this provision...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage (Resumed). (8 Feb 2005)

Joanna Tuffy: I move amendment No. 37: In page 83, line 9, to delete "terrorist-inter" and substitute "terrorist-linked". This is a technical amendment which is intended to correct an error in the Bill.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage (Resumed). (8 Feb 2005)

Joanna Tuffy: I move amendment No. 38: In page 83, to delete line 18. The offences listed in Schedule 2 are to be regarded as terrorist offences and we agree that most of them are acceptable as such, for example, those related to explosives, murder and so on. However, we feel that the offence of assault causing harm is a lesser offence in comparison, having considered the fact that assault causing serious...

Seanad: Parental Leave (Amendment) Bill 2004: Committee Stage. (9 Feb 2005)

Joanna Tuffy: It must be said that this Bill is an improvement on its predecessor. I am not one of those who argues for all or nothing. This is an improvement on what preceded it and it must be conceded that it is better than nothing. My main concern is with the approach, while agreeing that we have to introduce paid parental leave. The main group discriminated against by not having a paid parental leave...

Seanad: Parental Leave (Amendment) Bill 2004: Committee Stage. (9 Feb 2005)

Joanna Tuffy: The Minister of State said a small payment to those on parental leave discouraged take up in Europe. That would imply no payment would be more discouraging. If the Government wants people to take up parental leave, the greater the payment the better. It is less likely that people will avail of the option if there is no payment. Ministers usually respond on legislation such as this that it is...

Seanad: Parental Leave (Amendment) Bill 2004: Committee Stage. (9 Feb 2005)

Joanna Tuffy: Amendment No. 9 raises a similar point to that raised by Senator O'Toole. The point is that there is space for flexibility as it stands, but it is very much dependent on the employer being open to it. This amendment, which is along the lines of what was proposed by ICTU, proposes to give the employee the right to request the flexibility and underpins that right. It recognises the need for the...

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