Results 1,001-1,020 of 16,537 for speaker:Brian Lenihan Jnr

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: Yes. That is the position with regard to that issue. On the wider issue of the required concurrence of the Minister, this is the traditional formula used in connection with the rules of court where it is felt that there is a strong professional interest in the nature and character of the rules. However, the Minister, in the public interest, must have a final concurrence with whatever is...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: That is correct. The Minister has the power of concurrence. While the Oireachtas delegates substantial authority to rules making committees, whether in the context of detailed legal arrangements for the registry of deeds and title or in respect of the courts, public interest must prevail and the Minister must have ultimate say on the approval of such an order. Otherwise we are surrendering...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: Section 27 deals with the very important question of the prioritisation of instruments and deeds. When I first saw this amendment, I thought that Senator Tuffy was about to make her name as somebody who is affecting a fundamental change in our law. In fact, section 27 states: "Nothing in this Part affects the registration or priority of any deed, (a) lodged or presented for registration...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: The substance of the amendment was accepted in the redrafting of the section.

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: The purpose of this amendment is to insert a definition of the Registration of Title Act 1964 to ensure that all book indexes, documents or information contained therein may be held in electronic format. It brings the 1964 Act in line with the proposed definition of the term "record" in section 5 of the Bill.

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: The difficulty is that section 32, dealing with the rectification of errors in registration, is one that is contained in the land registration legislation. Therefore, the jurisdiction of the courts in a matter such as this has to derive from the Land Registry. It cannot derive from general law. The Land Registry cannot be held responsible for errors made outside its function. The whole...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: This section provides for changes in the method by which compensation for error, fraud or forgery is dealt with. These matters are dealt with in the section 160 of the 1964 Act. The new wording avoids any reference to the determination of a claim by the Registrar. This is a matter that had been the subject of adverse comment by the courts.

Written Answers — Constitutional Amendments: Constitutional Amendments (15 Jun 2005)

Brian Lenihan Jnr: Respect for children as a global ideal has been affirmed by the United Nations Convention on the Rights of the Child. The Convention on the Rights of the Child was ratified, without reservation, by Dáil Éireann on 21 September 1992, the document of ratification being deposited with the Secretary General of the United Nations. The convention entered into force for Ireland on 21 October 1992....

Seanad: Morris Tribunal Reports: Motion. (15 Jun 2005)

Brian Lenihan Jnr: I am in the Chair's hands. I would not like to——

Seanad: Morris Tribunal Reports: Motion. (15 Jun 2005)

Brian Lenihan Jnr: The Chair calls and I am delighted to speak. I commend the amendment to the House. Earlier this month the Minister published the second report of the Morris tribunal which dealt with two issues, namely, the Garda investigation into the death of Richard Barron, and the making of extortion phone calls to Michael and Charlotte Peoples. There was a connection between the issues and Mr. Justice...

Offences Against the State (Amendment) Act 1998: Motion. (16 Jun 2005)

Brian Lenihan Jnr: I move: That Dáil Éireann resolves that sections 2 to 12, 14 and 17 of the Offences against the State (Amendment) Act 1998 (No. 39 of 1998), shall continue in operation for the period of 12 months beginning on 30 June 2005. The resolution under consideration seeks approval for the continuance in force of those sections of the Offences against the State (Amendment) Act 1998 which would...

Offences Against the State (Amendment) Act 1998: Motion. (16 Jun 2005)

Brian Lenihan Jnr: Indeed, because there is no obligation on us to do that, although I do appreciate——

Offences Against the State (Amendment) Act 1998: Motion. (16 Jun 2005)

Brian Lenihan Jnr: The 1998 Act requires not that the report be laid 21 days before the moving of the resolution, but rather that the reporting period of the report ends not later than 21 days before the moving of the resolution. It is simply on that point of procedure that I wanted to make clear to the Deputy that the resolution is not——

Offences Against the State (Amendment) Act 1998: Motion. (16 Jun 2005)

Brian Lenihan Jnr: The resolution is not in breach. I appreciate the Deputy's point about immediate adequate notice of the report and it is a fair one. However, in strict legislative terms, the statutory requirement is that the reporting period of the report ends not later than 21 days before the moving of the resolution. While the Deputy may have made the same point last year, at least this year the matter has...

Offences Against the State (Amendment) Act 1998: Motion. (16 Jun 2005)

Brian Lenihan Jnr: The report was laid before this House last Monday by the Minister for Justice, Equality and Law Reform. The conclusion of the report is that the relevant sections of the 1998 Act should remain in force for a further 12 months. In the first instance, this is the firm view of the Garda Síochána, which considers the Act to be a vital piece of legislation in the continuing fight against...

Offences Against the State (Amendment) Act 1998: Motion. (16 Jun 2005)

Brian Lenihan Jnr: The Deputy is answering his own questions.

Offences Against the State (Amendment) Act 1998: Motion. (16 Jun 2005)

Brian Lenihan Jnr: He is attending——

Offences Against the State (Amendment) Act 1998: Motion. (16 Jun 2005)

Brian Lenihan Jnr: I thank the various Members who contributed to this debate. In an ideal world we would not need offences against the State legislation but the experience of this State since 1937 has been that we need such legislation. Far from being a historical failure, it was a historical success in preserving our neutrality from 1939 to 1945 when some organisations were determined to ally themselves with...

Offences Against the State (Amendment) Act 1998: Motion. (16 Jun 2005)

Brian Lenihan Jnr: There is nothing unusual in the rules of evidence prescribed in the 1998 legislation. Very free use of the adjectives "repressive" and "emergency" was made in the course of this debate.

Offences Against the State (Amendment) Act 1998: Motion. (16 Jun 2005)

Brian Lenihan Jnr: The Offences against the State Act is not emergency legislation but an ordinary part of the legislation of the State.