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Seanad: White Paper on Irish Aid: Statements (Resumed) (25 Oct 2006)

Sheila Terry: I welcome the Minister of State, Deputy Conor Lenihan, to the House. I thank him for this excellent White Paper and congratulate him on the manner in which he has taken to his brief and the energy and enthusiasm he has shown in his work. He and his staff are to be commended. Those who work with Irish Aid at home and abroad must be complimented on the way in which they carry out their work....

Seanad: Order of Business (26 Oct 2006)

Sheila Terry: I may already have asked the Leader since the start of this session for a debate on domestic violence. A campaign will start on 25 November for six days to highlight this issue. It might be opportune for us to hold a debate during that week. We should also note that 124 women have been murdered in Ireland since 1996, 78 of those in their homes. These are startling figures. Despite...

Seanad: Order of Business (2 Nov 2006)

Sheila Terry: On a number of occasions in this term I called for a debate on domestic violence. I do so again now, especially in light of the launch yesterday of the statistics by Women's Aid, and to support what the Deputy Leader of the Opposition, Senator Finucane, said in highlighting the lack of funding available to Women's Aid in particular and to other organisations which deal with women in great...

Seanad: Disability Act 2005 Sectoral Plans: Statements (2 Nov 2006)

Sheila Terry: I welcome the Minister of State to the House. On 21 July, the Taoiseach introduced the six sectoral plans that were to be submitted to the Oireachtas in accordance with the Disability Act 2005. The Tánaiste and Minister for Justice, Equality and Law Reform, while speaking at the launch of the plans, encouraged Members of both Houses of the Oireachtas to engage in a full debate on the plans...

Seanad: Disability Act 2005 Sectoral Plans: Statements (2 Nov 2006)

Sheila Terry: I ask the Minister of State to ensure these steps are taken because to date they have been absent. Meetings with the appropriate committees must be scheduled at an early stage. I request that the Minister of State arrange for reviews to be held to determine what, if any, progress has been made in implementing the sectoral plans. If this debate achieves nothing else, it would be an achievement...

Seanad: Address by the European Union Ambassador to the United States (8 Nov 2006)

Sheila Terry: I also thank the ambassador for coming before the House today, giving us an excellent overview of his work and the state of the world as he sees it and giving so generously of his time. Will the ambassador tell the House whether the European Union is making any progress in influencing the US to move away from the use of the death penalty?

Seanad: Order of Business (9 Nov 2006)

Sheila Terry: I also condemn what happened to that young woman in O'Connell Street. It is appalling enough that any young male or group of males would even contemplate committing such a dreadful act on the main street in our capital city or anywhere else but the fact that it took place in full view of many people who, for whatever reason, did not intervene is even more appalling. Perhaps Senator Norris...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Sheila Terry: I move amendment No. 3: In page 15, line 6, after "land," to insert "unless excluded from any interest in land," This is a technical amendment that extends the definition of land in Part 1. It takes cognisance of the fact that land as defined may include such things as mines, minerals and other subterranean elements. I would like to know the Minister's view in this regard.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Sheila Terry: I accept that. However, in certain circumstances one might not simply be referring to land in a field, for example, as we might generally think of land. A situation could arise where mines, minerals or other elements would be the subject of discussion. The Minister states that land as defined in this Bill includes such things. If he is clear on this point, I am happy to accept it.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Sheila Terry: I also welcome the fact that the study is being carried out. The problem is in urgent need of attention. With the many apartment complexes being built in Dublin and throughout the country, these management companies and charges cause serious problems for those who buy apartments in those complexes. I appreciate that somebody has to maintain a block of apartments. They are different from...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Sheila Terry: I move amendment No. 19: In page 27, before section 28, but in Part 6, to insert the following new section: "28.—Where a co-ownership is to be established, it shall be established as a tenancy in common and no joint tenancy shall be created unless— (a) it is the stated intention of all parties to the co-ownership to create a joint tenancy, and (b) each party to the co-ownership has signed...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Sheila Terry: I thank the Minister for examining this matter again, particularly in light of a changing Ireland with many people moving here from Europe and buying property. Irish residents must also know the difference between the two tenancies and this should be pointed out to them. I welcome the Minister's response. I will resubmit this amendment on Report Stage.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Sheila Terry: I move amendment No. 23: In page 30, subsection (1), line 21, to delete "only on registration of a court order" and substitute "on registration of a court order or otherwise". The requirement in section 33 that an easement or profits À prendre should be required at law by prescription only on registration of a court order would appear to be unduly onerous. I am not sure how good is my...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Sheila Terry: I, too, have sympathy with the proposal in the amendment and appreciate the Minister's response. This is a serious problem for people in suburban areas where leylandii or other trees grow to 30 or 40 feet and block sunlight from adjoining houses or cause problems with boundary walls and grass which will not grow within a few yards of leylandii. When neighbours cannot come together to reach...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Sheila Terry: I move amendment No. 28: In page 37, line 34, to delete "if it thinks fit" and substitute "where it is just and equitable to do so". Section 52 gives much power to the discretion of the court and enables different judges to take different attitudes to similar circumstances. The proposed wording of amendment No. 28 will help to create binding precedent in common law. The proposed wording of...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Sheila Terry: Would such a wording leave the provision vague?

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Sheila Terry: I will consider tabling a differently worded amendment on Report Stage.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Sheila Terry: I move amendment No. 30: In page 39, subsection (1), lines 5 to 9, to delete paragraph (a). Section 56(1)(a) states a purchaser of land is not entitled to require the production of an instrument dated or made before the period prescribed by section 54, that is, 20 years. It is necessary when in assignments of leases made 20 or more years ago to see the actual lease or other subdivisions of...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Sheila Terry: I thank the Minister for his reply. Does the correspondence received by Senator Cummins from the Dublin City Sheriff on behalf of all the sheriffs in the country suggest that they would be happy with what the Minister has outlined here today? Senator Cummins received a very lengthy piece of correspondence which was probably received by the Minister or his officials. In it, they outlined...

Seanad: Pension Provisions. (9 Nov 2006)

Sheila Terry: Five minutes should be long enough for the Minister of State, Deputy Parlon, to catch his breath. I thank him for coming to the House to reply to this matter. I urge the Minister for Finance to consider providing incentives for private sector workers to leave their pension funds intact by forgoing the 25% tax-free lump sum, thus ensuring a higher income stream in retirement. I am pleased...

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