Results 1,161-1,180 of 18,726 for speaker:Michael McDowell

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: Amendment No. 47 is the exact opposite. It represents a major incentive for the solicitor for the plaintiff to delay the taxation process. The result of this amendment would be that the defendant could not pay until the taxation process was complete and the resulting sum of money would carry interest of 8% per annum, which is a nice little earner in this day and age. I do not agree with the...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: The Senator has not been prejudiced by her absence. In fact, things have gone better than she might have expected.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: This section provides that the court in a personal injury action may, upon the application of a party to the action, direct that a person, other than the party to the action or an expert witness, who it is intended will be called to give evidence at the trial of the action, shall not attend the trial until he or she is called to give evidence. Where a court gives a direction under subsection...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: The purpose of this section is to amend section 46 of the Courts and Court Officers Act 2002, which has not been brought into operation, to remove the possibility of judges being required to deliver judgments within prescribed periods but to preserve the requirement for a register of reserved judgments which is accessible to the public. I have concerns that section 46 as it stands might be...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: On Senator Terry's point, more judges are required. I intend in the near future to bring a memorandum to Government in that regard. If I am successful at Government, I may amend this legislation as it goes through the Dáil and bring it back here in an amended form, providing for extra judges. I must first go through that procedure. I agree that in an increasingly complex world, with judges...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: It is a matter for the president of each court as to whether a judge should be allowed leave for any purpose and how the sittings of the court should be arranged to accommodate a judge who has a particular need of the type mentioned by the Senator. It is best left in its current form rather than put into statutory form. The Judicial Appointments Advisory Board generally operates on the basis...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: One never knows what the male members of the Judiciary would achieve with paternity leave, so we had better say nothing about that matter.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: This is a slightly different text to substitute section 43.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: This amendment is to substitute "two years" for "one year" in the Long Title. On Committee Stage, I undertook to examine the issue of the limitation period with my colleagues in Government and the outcome of my consideration of the matter is that I am prepared to accept amendments Nos. 6, 7 and 11, as tabled by Senators Terry and Henry. For completeness, I shall be proposing a consequential...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: This is a technical amendment without substance.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: I indicated on Committee Stage that I accepted the amendments to this section on their merits and that I would consult with the Office of the Parliamentary Counsel on the exact terms to be used to achieve the aims of the amendments. My amendment, by way of replacement of section 5, states that the provisions of Part 2 of the Bill will apply to personal injuries actions brought after the date...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: I do not propose to accept the amendment because the word "disability" is a term of art when used in the context of limitations law and does not mean disability in a colloquial sense. Therefore, extending the provision to include incapacity is not necessary in the circumstances. Disability in limitations law includes that the person is an infant, a person of unsound mind, a convict subject to...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: I have already canvassed this amendment which is part of the scheme in changing the limitation period from one year to two years.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: No, I do not propose to accept the amendment.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: Amendment No. 13 is introduced to close what could be seen as a possible loophole in the original provision. The original wording "a person who intends to bring a personal injuries claim" was to my mind open to possible abuse. In that regard, it may have been possible for a person to evade the penalty aspect of the provision by stating that he or she did not actually intend to bring an action...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: I will bear in mind what Senator Mansergh and the other Senators have said.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: On Committee Stage I undertook to examine this issue. By way of response to the matter raised in the recent debate, Government amendment No. 21 will insert a new subsection at section 12. All pleadings, not just summonses, should be in a form prescribed by rules of court. The new subsection provides for this and amendment No. 21 meets the Senator's wishes regarding the issue.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: I opined on Committee Stage, before our memories were all erased, that this amendment was not necessary and I am still of that view. It would be entirely redundant to require people to put the same material into two separate documents. However, the appropriate approach is to expect the rules committee to recognise this fact and to amend the rules of court to state the period for a defence...

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: As I stated on Committee Stage, there is an old Latin maxim, nemo tenetur ad impossibile, meaning that nobody will be obliged to do the impossible. Consequently, people cannot supply information of which they are unaware and therefore this section must be interpreted as implying the substance of the amendment in Senator O'Meara's name. In those circumstances, I do not propose to accept it.

Seanad: Civil Liability and Courts Bill 2004: Committee Stage (Resumed) and Remaining Stages. (15 Jun 2004)

Michael McDowell: I am not disposed to accepting this amendment for the reasons already stated.