Results 1,221-1,240 of 7,652 for speaker:Joanna Tuffy

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

Joanna Tuffy: I appreciate the support of the Minister and Senator Terry for the thrust of the amendment. The UK system to which I referred comes under environmental legislation and it probably would be the right context for this amendment. A clause should be inserted requiring some attempt at alternative dispute resolution to have been made before parties go to court. A formal system of arbitration for...

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

Joanna Tuffy: Subsection (2)(b)(i)(IV) provides that a deed is correctly executed if it is "signed and sealed by the individual". Is it a requirement that such a deed should be witnessed? Will the Minister explain what is required to make the deed "sealed"? My understanding of current conveyancing law is that the witness does not have to be in the presence of the signatory to validate the deed. Will the...

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

Joanna Tuffy: Like Senator Jim Walsh, I ask the Minister to explain what a seal involves. On my previous question, I see that subsection (2)(b)(i)(III) provides that the individual may acknowledge the signature in the presence of the witness, which implies that the latter need not be present when the signature is made. However, I am still unsure of what exactly is involved here. I recall checking the...

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

Joanna Tuffy: Yes. My question goes further, however, in that I wish to know whether it is even necessary for the individual to be present when the witness endorses the signature. The definition of the word "witness" implies that a witness may endorse a person's signature without necessarily being in the presence of the signatory when the endorsement is made. Has it always been a requirement of land law...

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

Joanna Tuffy: I always thought the will was a lot stricter in terms of requirements. One can challenge a will and state the witness was not present at the time and it was not executed properly. Are we now bringing that element to deeds of conveyancing? We are making it a lot stricter than was the case and that could lead to problems.

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

Joanna Tuffy: I appreciate the seriousness of signing a conveyancing deed. I always understood that two people had to be present to witness the making of a will and that there were strict rules surrounding an affidavit. Senator Jim Walsh is right and let us call a spade a spade. There is possibly a practice where a person signs deeds and the solicitor, who is not in the office at the time, witnesses it...

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

Joanna Tuffy: I move amendment No. 39: In page 54, paragraph (a), line 4, before "conditions" to insert "general".

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

Joanna Tuffy: I move amendment No. 48: In page 58, subsection (1), line 4, after "unless" to insert the following: ", not more than one year before such taking of possession,". This amendment is designed to make clear that a bank or building society cannot take possession without a court order merely because it induced a homeowner to sign a consent when taking out a mortgage. The consent, to be valid,...

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

Joanna Tuffy: While I appreciate the Minister's comments, will he examine this issue? The consent that is given in writing should relate to the specific taking of possession as covered by section 94. Can this consent be more tightly linked to the actual provisions of the section?

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

Joanna Tuffy: I move amendment No. 50: In page 58, subsection (1)(a), line 36, after "property," to insert "and". Amendment No. 50 is a drafting amendment that inserts the word "and" between subsections (1)(a) and (1)(b) to make it clear that both are required. As I cannot discern any other intention in the section, this is basically a drafting amendment to make the wording absolutely clear. Amendment No....

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

Joanna Tuffy: In respect of the wording of amendment No. 51, what if the situation was urgent? That is envisaged by the section. Should the Minister not allow ex parte proceedings on that basis?

Seanad: Homelessness: Motion (15 Nov 2006)

Joanna Tuffy: Senator O'Meara mentioned the hidden homeless. As a former county councillor, my experience of homelessness would be more in terms of the hidden homeless and dealing with people who have been on the housing list for years. Another aspect is the problems to which the housing crisis is contributing. For example, some relationships never get off the ground because the couple and their child...

Seanad: Homelessness: Motion (15 Nov 2006)

Joanna Tuffy: I am not.

Seanad: Prisons Bill 2006: Second Stage (Resumed) (23 Nov 2006)

Joanna Tuffy: The inappropriate detention of children and young people is something on which I wish to focus. The Government is making much of its plans to have a referendum on the rights of children. However, it is a disgrace that children and young people are still inappropriately detained in prisons and institutions such as St. Patrick's. We must complete, as a matter of urgency, the building of...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Joanna Tuffy: I move amendment No. 1: In page 13, line 15, to delete "and Conveyancing". I propose this amendment because I believe that a major Bill such as this one should have a reasonably short and simple Title. It would be appropriate to have the wording as it would stand once my amendment was accepted.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Joanna Tuffy: I welcome the fact that the Minister has proposed this amendment. As a result, I will not move my amendment.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Joanna Tuffy: I move amendment No. 5: In page 17, line 37, after "giving" to insert "full". The Minister's amendment may deal with some of the issues I am raising. The purpose of amendment No. 5 is to give the Minister greater discretion to compensate for the removal of the power to modify Acts. Regarding amendment No. 6, we believe the subsection, as it stands, would be of dubious constitutionality as...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Joanna Tuffy: I move amendment No. 7: In page 18, line 27, after "subsection (1)," to insert the following: "and without prejudice to section 26(2)(f) of the Act of 2005,". We tabled this amendment to make it clear that the rule in section 8(2) is unnecessary as the same point is stated in the Interpretation Act 2005, section 26(2)(f).

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Joanna Tuffy: I move amendment No. 8: In page 18, after line 40, to insert the following: "(3) In so far as they survive, titles of honour or dignity arising from feudal baronies and manorial lordships are abolished. (4) If after the commencement of this section a person purports to sell or offer for sale a title of honour or dignity abolished by subsection (3), he or she shall be guilty of an offence.". I...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Joanna Tuffy: Professor Wylie said something similar to the Minister so I accept his response. The matter may be raised by my party in the Dáil, given another opportunity to consider it. I hope the Genealogical Society of Ireland will be happy with the Minister's explanation.