Results 9,641-9,660 of 16,849 for speaker:Dermot Ahern

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: We would have to define domestic disputes and literally everything, including the kitchen sink, as anti-social behaviour were we to include the height of trees. I respectfully suggest it would be better to define anti-social behaviour in terms of criminal activity.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: Just because I am Minister for Justice, Equality and Law Reform does not mean everything that is enforceable in court must come from my Department. Other Ministers bring forward legislation relevant to their Departments which people are obliged to go to court to enforce. That is the nature of the democracy in which we live. It is unfair to lump everything into the justice area and say that...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: Yes.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: The Deputy is trying to take over Deputy Rabbitte's title of Dáil jester.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: No, Deputy Flanagan, who is making a poor effort at it.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I take my advice from the Law Reform Commission which is headed up by Professor Wiley who is the expert in this area and who states this is not an issue for my Department.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 21: In page 50, line 35, to delete "subsections (5) to (7)" and substitute "section 68". These amendments arise from comments made by the conveyancing committee of the Law Society to the effect that subsections (5) to (7) of section 67 were not sufficiently clear. The purpose of the amendments is to hive off subsections (5) to (7) of section 67 into a separate section...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 22: In page 50, to delete lines 41 to 46 and in page 51, to delete lines 1 to 7 and substitute the following: 68.—(1) An interest— (a) to which a person was entitled, or (b) acquired by a person, before the commencement of this Chapter in consequence of the failure to use words of limitation in a conveyance executed before that commencement or the application of the...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 23: In page 62, to delete lines 22 to 44 and in page 63, to delete lines 1 to 7 and substitute the following: 93.—(1) This section applies to any action brought by a mortgagor for— (a) redemption, or (b) sale, or (c) the raising and payment in any manner of the mortgage debt, or (d) any combination of these in the alternative. (2) In any action to which this section...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I have not seen its conclusions in this respect. We did not propose to amend section 91 because it speaks for itself but I have not seen the proposals.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 24: In page 64, line 4, to delete "otherwise" and substitute "in relation to any other mortgage". This is a drafting amendment.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 25: In page 64, line 10, after "taking" to insert "not more than 7 days prior to such taking". Amendments Nos. 25 and 30 address a concern raised on Committee Stage. In cases of default, sections 96 and 99 require a lending institution to obtain a court order before taking possession of or selling the mortgaged property unless the borrower has already given consent to...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 27: In page 64, to delete lines 44 and 45. This amendment will delete section 97(5). In so far as this subsection suggests it may be possible to apply to a court for an order for sale of a house which is subject to a house loan mortgage other than by applying for an order under section 99, it is misleading. An application for a court order to exercise the power of sale...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 27a: In page 65, line 2, to delete "and notwithstanding any stipulation to the contrary". This is consequential on changes already made to section 95 on Committee Stage. Section 95(3), as amended on Committee Stage, provides that the mandatory provisions in Chapter 3 of Part 9 relating to the powers and rights of lending institutions apply to a house loan mortgage but in...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 28: In page 65, line 14, to delete "101" and substitute "100". This is a drafting amendment to correct a cross-reference to another section.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 29: In page 65, lines 18 and 19, to delete "mortgagor, or on one of 2 or more mortgagors," and substitute "mortgagor". On Committee Stage, Deputy Charles Flanagan queried the continued use of the term "one of 2 or more mortgagors" in sections 99 and 107. In practice, these words mean that if a mortgage is in the name of more than one person, the lending institution is...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 30: In page 65, line 36, after "exercise" to insert "not more than 7 days prior to such exercise".

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 31: In page 66, between lines 28 and 29, to insert the following: "(4) Subject to subsection (5), an application under section 96(2) or section 99(3) may be made to the High Court. (5) Where an application under section 96(2) or section 99(3) concerns property which is subject to a housing loan mortgage the Circuit Court shall have exclusive jurisdiction to deal with the...

Commissions of Inquiry: Motion (Resumed) (1 Jul 2009)

Dermot Ahern: I wish to share time with Deputies Wallace, Flynn, Kirk, Dooley and Conlon. Unfortunately, five minutes does not give one much time to speak on this issue. As a Government Minister and Deputy representing the constituency in which Our Lady of Lourdes Hospital, Drogheda, is located, I am very concerned about the allegations in this case. In December 2008, I spent considerable time discussing...

Land and Conveyancing Bill 2008 [Seanad]: Report Stage (Resumed) and Final Stage (1 Jul 2009)

Dermot Ahern: I will confine myself to discussing the amendment because it deals with a specific issue. As I said earlier, it is designed to ameliorate the situation of people who are subject to proceedings for repossession. Of course, none of us wants to see people's homes being repossessed. As has been mentioned, there is a code subscribed to by the larger banks. All the major lending institutions...