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Seanad: Credit Institutions (Stabilisation) Bill 2010: Committee and Remaining Stages (16 Dec 2010)

Paschal Donohoe: Why does the Bill declare a period of six months from the making of a relevant special management order? I understand this to mean the period a special manager will be in place. What is the thinking behind this provision? I would have thought that, given the role such a person would have, it would make sense to leave him or her in place for a longer period to send a signal to the culture...

Seanad: Credit Institutions (Stabilisation) Bill 2010: Committee and Remaining Stages (16 Dec 2010)

Paschal Donohoe: Just about.

Seanad: Credit Institutions (Stabilisation) Bill 2010: Committee and Remaining Stages (16 Dec 2010)

Paschal Donohoe: I want to add to that and draw attention to section 4, which gives the special manager "sole authority over and direction of all officers and employees of the relevant institution". This means anybody working in the financial institution would be bound to obey the direction of the special manager in any area. Will the Minister clarify this? If the special manager asks an employee to carry...

Seanad: Credit Institutions (Stabilisation) Bill 2010: Committee and Remaining Stages (16 Dec 2010)

Paschal Donohoe: The Minister did not answer my specific question and I want an answer. I asked what the relationship would be between the special manager and an employee of one of these financial institutions. For example, it could be the director, the chief executive officer or chief operations officer of the bank. My understanding is that this Bill will give the special manager the ability to order any...

Seanad: Credit Institutions (Stabilisation) Bill 2010: Committee and Remaining Stages (16 Dec 2010)

Paschal Donohoe: My question concerns section 22(2). On receivership, enforcement and claims against the financial institution, the Bill states: "Paragraphs (f), (g) and (h) of subsection (1) do not apply to the Bank, the European Central Bank or any other national central bank within the Eurosystem." If it is necessary to say this section does not apply to other banks within the euro system, why is it not...

Seanad: Credit Institutions (Stabilisation) Bill 2010: Committee and Remaining Stages (16 Dec 2010)

Paschal Donohoe: I thank the Minister for clarifying and I understand this point.

Seanad: Credit Institutions (Stabilisation) Bill 2010: Committee and Remaining Stages (16 Dec 2010)

Paschal Donohoe: Section 22(3) gives the special manager power on a load of detailed activity that could take place in the banks, including actions concerning bank accounts and bank mandates. Section 21 states that a special manager may appoint people to help in the discharge of his or her duties. Would it not be better if the section also referred to people working for the special manager? Otherwise...

Seanad: Industrial Development (17 Dec 2010)

Paschal Donohoe: This motion concerns the venture capital industry in Ireland which consists of private bodies that play a role in investing in local entrepreneurial companies and people looking to set up ventures. I have recently seen some information showing that the size of the venture capital industry in Ireland is much bigger than one might expect it to be given the size of our economy and the pressure...

Seanad: Order of Business (13 Jan 2011)

Paschal Donohoe: I seek a debate on corporate governance. I refer to a report on this issue published by the think-tank TASC last year in which it was reported that 39 individuals held powerful positions in 33 of our 40 top public organisations between 2005 and 2007. These 39 people also held 93 directorships across the relevant companies during the period in question. The report also shows that all 39...

Seanad: Order of Business (13 Jan 2011)

Paschal Donohoe: During that campaign, will the Leader inform people about how games of golf proceed?

Seanad: Order of Business (13 Jan 2011)

Paschal Donohoe: Was that experience gained on the golf course?

Seanad: Road Traffic Bill 2011: Second Stage (19 Jan 2011)

Paschal Donohoe: I welcome the Minister. My party is supportive of the Bill which it wants to see pass through the House as quickly as possible and then the Dáil before being implemented. As the Minister acknowledged, improving road safety and assessing the progress made to date are priorities that are genuinely shared by both sides of the House. The issues the Bill seeks to deal with were recognised by...

Seanad: Road Traffic Bill 2011: Second Stage (19 Jan 2011)

Paschal Donohoe: Is that agreed? Agreed.

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Paschal Donohoe: I support Senator Ryan. I referred to this issue in my contribution on Second Stage. Why does section 2(6) make it clear that the provision to which Senator Ryan refers applies only to a person to whom subsection (1)(a) applies? The next section applies to someone affected by subsection (1)(d). What about a person who commits an offence under section 2(1)(b) or (c)? If the garda suspects...

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Paschal Donohoe: I move amendment No. 4: In page 4, to delete lines 43 to 46 and substitute the following: "A member of the Garda Síochána shall, upon making a requirement under this section, inform the person of whom the requirement is made, in clear language, that if he or she fails to comply with the requirement he or she shall be guilty of an offence.".". The Minister made the point in his Second Stage...

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Paschal Donohoe: It is the latter part of the Minister of State's response that is of interest to me. I will give an example to illustrate the point I want to make and the Minister of State can help me understand how his would work. When a garda performs an alcohol test on a person involved in a collision or suspected of having consumed intoxicating liquor, will the garda make it clear to the person that if...

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Paschal Donohoe: To restate what the Minister of State said, when a garda asks a person perform that test, the garda will tell the person that if he or she does not perform it, he or she will be breaking the law and that will be an offence.

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Paschal Donohoe: Okay.

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Paschal Donohoe: That is fine.

Seanad: Road Traffic Bill 2011: Committee Stage (19 Jan 2011)

Paschal Donohoe: The section provides for the insertion of a new section 12 in the principal Act and sets out criteria in paragraphs (a) to (d), inclusive, to be met for the Bill to apply to a person. Is a person required to meet all the criteria set out in those paragraphs for the Bill to apply to him or her or can the person be required to meet only one of the criteria? Paragraph (c) states "is or has...

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