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Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: I move amendment No. 4: In page 4, lines 8 to 10, to delete all words from and including "a" in line 8 down to and including "time" in line 10 and substitute "the parents of the child". I moved this amendment on Committee Stage. I have great difficulty with the wording as it stands. I examined much of it on Committee Stage and I will discuss some of the problems it presents, including those...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: I wish to respond to a couple of points. The Child Care Act 1991 is wrong if in certain sections it does not involve the parent of the child who does not have custody. That is a mistake. There is an inherent bias as to which parent gets custody and why the other parent might not. I do not say we individually have that bias but it is evident in court decisions historically and that is why...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: What other parent?

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: What is so bad?

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: I second the amendment.

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: I thank the Minister of State and his Department for producing an amendment which deals with the issues I had raised in amendment No. 17. I presume it will do so appropriately. If it does not, my Dáil colleagues will have an opportunity to deal with the matter further. I thank the Minister of State for accepting the point.

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: I second the amendment.

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: I move amendment No. 23: In page 6, between lines 18 and 19, to insert the following: "(e) a person who, in the opinion of the court, has a bona fide interest in the child." I put down this amendment on Committee Stage. I argued at that time that the section as it stands was more limited than section 37(1), which allows a broader category of interested persons, for example, relatives of...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: Sorry.

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: That amendment deals only with the issue of access.

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: My amendment No. 23 is not necessarily restricted to access. It is restricted to whatever one can do under section 43B. I am saying that more than the people the Minister has outlined——

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: It would not necessarily be to discharge the entire order. The Minister says one can use section 43B for conditions or restrictions. I understand what he is saying. Perhaps the issue of access is dealt with by his previous amendment. I accept that. I did not appreciate that at the time. I can see what the Minister is saying.

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: I have achieved that and I appreciate that.

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: I am pressing the amendment.

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: There is still an issue. It is varying the order, not just discharging it and it could vary any condition or restriction. People other than the four types of people the Minister of State has listed could contribute something and they should be able to go to the court. The Minister of State has allowed for it in the Government amendment and the original legislation allowed for it. It would...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: The Minister of State is correct. In my amendment I lean toward a broader category of person. I have particularly in mind parents without custody, grandparents and guardians. I still have a difficulty with this. The Minister said he would examine the issue in general. This section is not to do with notification. It gives a person the power to apply to the court to vary or discharge an...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: I welcome and support the legislation. I thank the Minister of State and his staff for all the work they did and I appreciate his listening to the issues I raised and his assurance that he will give them further consideration. Obviously, I appreciate that some of the amendments I tabled were addressed by the Minister of State in Government amendments. On a general point, while supporting...

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

Joanna Tuffy: My only concern as regards amendment No. 19, as it stands, is about the fact that I believe the majority of people who opt to buy property in co-ownership intend that there will be joint tenancy. The effect could be that people might presume they were going to inherit a property when a partner in the property dies. It means that surviving spouses, for example, might be left in a vulnerable...

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

Joanna Tuffy: I move amendment No. 26: In page 34, to delete lines 24 to 26 and substitute the following: "43.—(1) Where a building owner and an adjoining owner are in dispute in relation to the exercise or proposed exercise of rights under section 42, either party may apply to the court in a summary manner and the court may give such directions as it thinks fit, and may in particular make an order...

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

Joanna Tuffy: I move amendment No. 27: "46.—In page 35, before section 46, but in Chapter 3, to insert the following new section: Where a person complains that trees or hedges grown or maintained by a neighbouring owner are of such a height as to constitute an unreasonable interference with any easement enjoyed by the complaining owner, or unreasonably interfere with light whether or not an easement...

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