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Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: Yes.

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: In regard to arbitration, the Defamation Act provides that absolute privilege will attach to statements made in the course of proceedings before an arbitral tribunal where the statement is connected with those proceedings.

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: I move amendment No. 10: In page 16, to delete lines 13 to 25 and substitute the following: "31.—(1) Subject to subsection (2), a party to an arbitration agreement who is a consumer shall not be bound (unless he or she otherwise agrees at any time after the dispute has arisen) by an arbitration agreement where— (a) the agreement between the parties contains a term which has not been...

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: The Deputy's amendment is no longer necessary because amendment No. 10 does not refer to the rules of the court.

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: I move amendment No. 12: In page 16, to delete lines 27 to 46 and in page 17, to delete lines 1 to 16 and substitute the following: "REFERENCE TO ARBITRATION WHERE PROCEEDINGS PENDING BEFORE COURT 32.—(1) Without prejudice to any provision of any other enactment or rule of law, the High Court or the Circuit Court may at any time whether before or during the trial of any civil proceedings...

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: The Deputy raised a pertinent point on Committee Stage and that is the reason we are deleting section 32, as drafted, and replacing it with a new section, which refers only to civil proceedings. Criminal proceedings cannot be dealt with on an arbitration basis under our Constitution. This valid point was made and accepted and my amendment deals with that.

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: I move amendment No. 15: In page 17, to delete lines 17 to 41, to delete page 18 and in page 19, to delete lines 1 to 13

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: The amendment was taken with amendment No. 1 and I put my note on the record at the beginning of proceedings. The Deputy was not present. The amendments propose the deletion of sections 33 to 37, inclusive, and I outlined the rationale behind why I am doing that.

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: I move amendment No. 16: In page 61, between lines 15 and 16, to insert the following: " No. 6 of 1957 Statute of Limitations 1957 Section 77 To delete "or orders, after the commencement of an arbitration, that the arbitration shall cease to have effect with respect to the dispute referred". " The purpose of the amendment is to correct an oversight in the Bill, as published. This is a...

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: I move amendment No. 17: In page 61, lines 17 and 18, to delete ", 23 and 37" and substitute "and 23".

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: I move amendment No. 18: In page 61, to delete lines 28 to 36 and substitute the following: " No. 1 of 1992 Patents Act 1992 Section 74 In subsection (3) delete: "section 35 of the Arbitration Act, 1954 (which relates to thestatement of cases by arbitrators for the decision of the Court), shall not apply to the arbitration; but". ".

Arbitration Bill 2008: Report Stage (3 Feb 2010)

Dermot Ahern: I thank the Deputies on the other side for their assistance on this Bill and for their contributions.

Planning and Development (Amendment) Bill 2009 [Seanad]: Second Stage (Resumed) (3 Feb 2010)

Dermot Ahern: Is this Second Stage of the Bill?

Planning and Development (Amendment) Bill 2009 [Seanad]: Second Stage (Resumed) (3 Feb 2010)

Dermot Ahern: I will wait here until the Minister of State arrives.

Written Answers — Border Controls: Border Controls (3 Feb 2010)

Dermot Ahern: While I am sympathetic to the concerns of the Deputy's correspondent in relation to promoting tourism, and would wish to facilitate that industry where I can, it clearly cannot be at the expense of undermining our border controls. Schengen is a complicated issue and a more detailed background was supplied in my reply to priority question 46447/09 on 10 December 2009. As I stated then,...

Written Answers — Prison Drug Treatment Services: Prison Drug Treatment Services (3 Feb 2010)

Dermot Ahern: The Irish Prison Service continues to work to implement its Drugs Policy & Strategy, entitled Keeping Drugs Out of Prison, which was launched in May 2006. Working to fulfil the commitments contained in the Policy and Strategy involves the implementation of stringent measures to prevent drugs from getting into prisons while, at the same time, continuing to invest in services within prisons to...

Written Answers — Garda Investigations: Garda Investigations (3 Feb 2010)

Dermot Ahern: I am informed by the Garda authorities that the investigation into the death of the person referred to by the Deputy was the subject of an intensive review in 2004. I am further informed that the Commissioner appointed the Assistant Commissioner, Northern Region to examine the investigation file, which remains open, and is under the supervision of the Assistant Commissioner. Liaison is being...

Written Answers — Irish Prison Service: Irish Prison Service (3 Feb 2010)

Dermot Ahern: The average annual cost of providing an available, staffed prison space in St Patrick's Institution was €101,590 in 2008; figures for 2009 are not yet available. St Patrick's Institution offers a diverse range of general and specialist services provided both by the Irish Prison Service and in-reaching statutory and non-statutory services. Among these are healthcare, psychiatric,...

Written Answers — Garda Investigations: Garda Investigations (3 Feb 2010)

Dermot Ahern: The primary objective of the Garda Síochána in dealing with incidents involving improvised explosive devices (IEDs), including hoax incidents, is to protect the life and safety of the public. The Gardaí receive ongoing support in achieving this aim from the Army's Explosive Ordnance Disposal (EOD) teams. I am informed by the Garda Authorities that in 2009 a total of 96 calls have been...

Written Answers — Neighbourhood Watch Schemes: Neighbourhood Watch Schemes (3 Feb 2010)

Dermot Ahern: Neighbourhood Watch is a crime prevention programme which aims to enlist the active co-operation of the community in a neighbourhood by observing and reporting suspicious activities and by so doing reducing the level of criminal behaviour. Since its establishment, the Garda authorities have sought to encourage the active participation of the public in Neighbourhood Watch by encouraging and...

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