Results 881-900 of 9,894 for speaker:Thomas Byrne

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: It was guillotined.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: On a point of information, that was because all Stages of the Bill were put on today, so there was no opportunity for anyone to put forward amendments after reviewing Second Stage.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: It gives the lie to the notion-----

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: It is the programme for Government.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: We will see that in practice.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: I thank the Minister for attending. It is welcome when the Minister with responsibility for a particular Bill appears before the Seanad, as it does not always happen. I will bore the Government side by pointing out that it is a specific commitment in the programme for Government not to hold all Stages of a Bill on the same day. I have no problem with guillotines and time limits should be...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: The election was on 25 February. I accept the Government was formed in March. We support the legislation but we have concerns about it. I do not claim to have expert knowledge but I would like the Minister to answer on an issue, as I presume it has been dealt with by the Government or Attorney General. The Abbeylara decision referred to a prohibition on making adverse findings of fact.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: I believe "adverse findings of fact" is the language used by Mrs. Justice Denham and others in the majority.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: I wonder why the word "adverse" will not be in the constitutional amendment. The constitutional amendment refers to findings of fact but in my brief reading of the Supreme Court judgment, it refers to adverse findings of fact. Does that create any difficulties? I am sure the Minister will have the answer and I do not claim to have any specific knowledge on the matter. As far as I can see,...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: My point was about the Supreme Court ruling.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: The Supreme Court found it unconstitutional to make adverse findings of fact. I am wondering why we are not allowing for the Oireachtas to make adverse findings of fact. Could somebody make the argument that a finding of fact does not mean an adverse finding of fact? That is significant and I would like to know the advice given. I am not making a case or claim but the issue occurs to me...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: We must reflect the frustration of the people at times. There is no doubt that when unemployment is so high and our problems have been caused by so few, that is entirely understandable. If we sit in judgment of individuals we will enter a different scenario. These are the small issues I have. I have not had the opportunity to read the Bill because of a lack of time.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: I accept that. We are all on the one side and there should be a more thoughtful processing of legislation.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: We must be very careful in this regard. There will be significant responsibilities and burdens on Members in investigating people. The text of the constitutional amendment does not seem to exclude the possibility of making criminal findings against individuals, where we can argue that somebody is guilty of a crime. I am not sure that would be a role for the Oireachtas but it is not...

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: I do not know how a future Supreme Court will interpret this provision if it is litigated upon. If amendments are proposed by Senator Mullen and rejected by the Seanad, there may well be a negative impact in the interpretation of the Supreme Court.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: It may be. There is a range of issues to consider with the legislation and we are rushing it slightly. I thank the Minister for attending the Seanad.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: That is the point. We do not have the time.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: There already has been a Government commitment to hold an inquiry under this system, the Michael Shine affair. Does that stand?

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: The Minister for Health has already given a commitment on behalf of the Government.

Seanad: An Bille um an Tríochadú Leasú ar an mBunreacht (Fiosruithe Thithe an Oireachtais) 2011: An Dara Céim / Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011: Second Stage (22 Sep 2011)

Thomas Byrne: They will find a way.