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Seanad: National Standards for Foster Care: Statements. (8 May 2003)

Brian Lenihan Jnr: I thank Senators for their contributions to the debate. I welcome the fact that the Seanad has had a discussion on the subject of fostering because it is important. Senator Feighan made a good point that there is still an air of mystery about this subject among the public and that people do not appreciate how important fostering has become in our child care system. Before the enactment of...

Seanad: Adjournment Matter. - School Closures. (8 May 2003)

Brian Lenihan Jnr: The Senator may be interested in what I have to say, but I fear I do not bring him very good news. I welcome the opportunity to outline to the House the position regarding St. Brigid's secondary school, Goresbridge, County Kilkenny. St. Brigid's secondary school was built in 1825 and is owned by the Brigidine Order who ran it as a girls' boarding school until 1978. At that time, the nuns...

Seanad: Adjournment Matter. - Neurosurgical Services. (21 May 2003)

Brian Lenihan Jnr: I thank Senator Ulick Burke for raising this important subject on the Adjournment. I am taking this matter on behalf of my colleague, the Minister for Health and Children, Deputy Martin.

Seanad: Convention on the Future of Europe: Statements. (10 Jun 2003)

Brian Lenihan Jnr: There may yet be a quartet of Ministers.

Seanad: Convention on the Future of Europe: Statements. (10 Jun 2003)

Brian Lenihan Jnr: We are on the left as well.

Seanad: Adjournment Matters. - Medical Practitioners (Amendment) Act 2002. (10 Jun 2003)

Brian Lenihan Jnr: I thank Senator Henry for raising this issue on the Adjournment. I am afraid I am not briefed regarding the Government's legislative programme, so I am not in a position to deal with her final query about the progress of the medical practitioners legislation to which she referred. The Medical Practitioners (Amendment) Act 2002 came into operation on 1 May 2002. The purpose of the amending...

Seanad: Adjournment Matters. - Broadcasting Commission of Ireland. (10 Jun 2003)

Brian Lenihan Jnr: I thank the Senator for raising his understandable concerns about North West Radio on the Adjournment. The Minister for Communications, Marine and Natural Resources would like to clarify that the Broadcasting Commission of Ireland has statutory responsibility for licensing local radio services. The commission, as provided for by this House, is an independent statutory body and the Minister...

Seanad: Adjournment Matters. - Broadcasting Commission of Ireland. (10 Jun 2003)

Brian Lenihan Jnr: I regret I do not have that information to hand.

Seanad: Adjournment Matters. - Broadcasting Commission of Ireland. (10 Jun 2003)

Brian Lenihan Jnr: I will. I will ask the Minister about it. The Seanad adjourned at 7.25 p.m. until 10.30a.m. on Wednesday, 11 June 2003.

Seanad: Criminal Justice (Illicit Traffic by Sea) Bill 2000: Committee and Remaining Stages. (11 Jun 2003)

Brian Lenihan Jnr: The issue raised in the context of Senator Terry's amendment was one of a number of options considered during the drafting of this legislation, in consultation with the parliamentary counsel. The convention state which is a party to the agreement annexed to the legislation will be deemed, in the context of the legislation, to be the flag state – that is, the state where the vessel is...

Seanad: Criminal Justice (Illicit Traffic by Sea) Bill 2000: Committee and Remaining Stages. (11 Jun 2003)

Brian Lenihan Jnr: As I indicated earlier, I propose to treat the convention state as the flag state because it assists our discussion to do so. The provisions of the agreement implementing the UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances envisage that any actions arising from the implementation of the agreement will be taken without delay. Article 14.2 of the agreement...

Seanad: Criminal Justice (Illicit Traffic by Sea) Bill 2000: Committee and Remaining Stages. (11 Jun 2003)

Brian Lenihan Jnr: The time is 14 days with regard to the first amendment, but I take it the Senator is referring to the second amendment proposed. It is not quantified as such, but when parties are before a court the obligations of natural justice come into play. There is the difficulty of a ship on the high seas in a serious storm and some time away from port. To specify in legislation a time limit after...

Seanad: Criminal Justice (Illicit Traffic by Sea) Bill 2000: Committee and Remaining Stages. (11 Jun 2003)

Brian Lenihan Jnr: Section 5 of the Bill provides for a person arrested under the terms of the agreement to be brought before the High Court as soon as possible. That partly addresses the point made on the earlier section by the Senator. Section 9(2) of the Bill provides that the court in making an order committing an arrested person to prison will inform the arrested person of a range of matters. These include...

Seanad: Criminal Justice (Illicit Traffic by Sea) Bill 2000: Committee and Remaining Stages. (11 Jun 2003)

Brian Lenihan Jnr: I ask the Clerk to make a correction under Standing Order 121 to page 5, line 30 of the Bill. The word "court" where it secondly occurs should have a capital "c". I would be obliged if the Clerk would arrange for this to be corrected for the next presentation of the Bill. Question put and agreed to. Sections 10 to 16, inclusive, agreed to. SECTION 17.

Seanad: Criminal Justice (Illicit Traffic by Sea) Bill 2000: Committee and Remaining Stages. (11 Jun 2003)

Brian Lenihan Jnr: As Senator Tuffy point out, this matter was raised during the passage of the legislation through the Dáil. The section follows closely the wording of other sections in the legislation that make provision for the surrender of persons. I cite section 33 of the Extradition Act 1965 and section 18 of the International War Crimes Tribunal Act 1998. In the case of the corresponding provision in...

Seanad: Criminal Justice (Illicit Traffic by Sea) Bill 2000: Committee and Remaining Stages. (11 Jun 2003)

Brian Lenihan Jnr: The purpose of the Senator's amendment is to provide that both the Minister and, in certain circumstances, the High Court should refuse the request for surrender from a convention state which is a party to the agreement. The effect of the proposed amendment would be that the Minister and, at a later stage in the proceedings, the High Court would be required to refuse the request for surrender...

Seanad: Criminal Justice (Illicit Traffic by Sea) Bill 2000: Committee and Remaining Stages. (11 Jun 2003)

Brian Lenihan Jnr: There are two points in this regard. In the event that the United States acceded to the convention, this would be an important section as a matter of practicality. On the point the Senator raised on the section, there is cast upon the Minister a legal obligation. Therefore, there is no suggestion that in refusing this amendment we are seeking to exclude the jurisdiction of the courts – far...

Seanad: Criminal Justice (Illicit Traffic by Sea) Bill 2000: Committee and Remaining Stages. (11 Jun 2003)

Brian Lenihan Jnr: I am willing to reply to it on Report Stage.

Seanad: Criminal Justice (Illicit Traffic by Sea) Bill 2000: Committee and Remaining Stages. (11 Jun 2003)

Brian Lenihan Jnr: I am in a position to at least deal with the point raised by the Senator. She is concerned about that the presence of the words "prevent or" in the relevant subsection and considers that they would be better deleted from the legislation. This refers to section 4, page 4, subsection (2), line 33. This matter was raised in the other House. The wording contained in section 4(2) derives from...

Seanad: Criminal Justice (Illicit Traffic by Sea) Bill 2000: Committee and Remaining Stages. (11 Jun 2003)

Brian Lenihan Jnr: I thank Senators for their co-operation in the enactment of the legislation. Question put and agreed to. Sitting suspended at 3.30 p.m. and resumed at 4.30p.m.

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