Results 861-880 of 1,150 for speaker:Frank Fahey

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Frank Fahey: The plaintiff has a choice of going either route. If the plaintiff chooses this route, it is a matter for him or her.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Frank Fahey: There is a misunderstanding on the part of Senator Jim Walsh. He is seeking a requirement that the defendant admits liability. He cannot be required to admit liability where there is only an allegation which has not been proven. It is for that reason that the requirement of an apology is not part of this section.

Prisons Bill 2006 [Seanad]: Order for Report Stage (7 Mar 2007)

Frank Fahey: I move: "That Report Stage be taken now."

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: Part 2 of the Bill, which amendment No. 1 seeks to delete, allows for the Minister, with the consent of the Minister for Finance and approval of the Government, to enter into an agreement with the contractor for the provision of prisoner escort services. It also provides for the conditions under which a person can be certified as a prisoner custody officer and the circumstances in which such...

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: ——given the sensitivity of the issues in question. It is not, however, necessary to provide in legislation that there be no delay.

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: The effect of the second part of the amendment providing for the suspension of a prisoner custody officer pending a decision on a complaint concerning his or her conduct could result in the encouragement of vexatious complaints from prisoners in order to have prisoner custody officers removed from duty. I am satisfied section 7(9), which provides for referral of complaints to the Minister,...

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: It should be emphasised that the Minister is obliged to respect the constitutional rights of all persons, including prisoners. It should also be noted that the amendment is to Part 2 of the Bill which relates solely to the prisoner escort service and agreements for the provision of such services. It would not have any effect of relevance to escort services. Moreover, this Part is an...

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: I have no further comment to make.

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: The Deputy should go to the bar.

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: The Tánaiste and Minister for Justice, Equality and Law Reform addressed amendment No. 8 on Committee Stage. The issue received consideration but the view reached was that it would be unwise to prescribe a mandatory procedure in prison rules when we have a new start-up position regarding the investigation of alleged breaches of prison discipline. In light of ongoing experience we may find...

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: I have listened to the Deputy's comments. Although I cannot address the position tonight, I am prepared to convey the point made by the Deputy to the Tánaiste. We will get his views on that before tomorrow's session.

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: I take the point made by the Deputy, but I clearly must ensure my boss is happy with the decisions I take. The Deputy should not push it. Amendment No. 12 is an improved text to that proposed by Deputy Howlin. Government amendment No. 13 is an alternative to amendments Nos. 11 and 14 from Deputy Howlin. On Committee Stage, the Minister agreed that prisoners should not, through sanctions,...

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: The Parliamentary Counsel has proposed the wording in amendment No. 13 as an alternative. The word "election" would cover voting at general, local and presidential elections as well as elections to the European Parliament. This wording has also been approved by the Department of the Environment, Heritage and Local Government. Amendment No. 14, as a consequence, is unnecessary. The...

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: I am prepared to discuss it with the Tánaiste.

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: A member of Dáil Éireann in lieu of amendment No. 10.

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: Agreed.

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: I move amendment No. 10: In page 13, line 8, to delete "or" where it secondly occurs and substitute the following: ", a member of Dáil Éireann for the constituency in which the prisoner ordinarily resided,".

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: I move amendment No. 12: In page 13, line 12, after "Punishment" to insert the following: "or, if the prisoner is a national of another state, a diplomatic or consular officer of that state".

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: I move amendment No. 13: In page 13, line 14, after "subparagraph (ii)" to insert the following: "or the United Nations Committee against Torture or any document relating to the registration of electors (including entry in the postal voters' list) or to voting at an election or a referendum".

Prisons Bill 2006 [Seanad]: Report Stage (7 Mar 2007)

Frank Fahey: Amendment No. 16 on subsection 14(1) would allow a prisoner to send a petitioner to the Minister concerning the decision of an appeal tribunal affirming the sanction. I do not propose to accept the amendment because it is not appropriate for the Minister to become involved once a tribunal has issued its decision. If one is to have a conclusive appeal, there must be some finality. Amendment...