Results 1,521-1,540 of 16,537 for speaker:Brian Lenihan Jnr

Seanad: Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Apr 2006)

Brian Lenihan Jnr: The amendments in group 1 have been grouped together because they arise in the main from drafting improvements suggested following discussions with the Parliamentary Counsel. I will explain their context for the benefit of Senators. Regarding amendments Nos. 1 and 6, the Office of the Parliamentary Counsel advises that the provisions are not necessary in light of the new provisions in the...

Seanad: Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Apr 2006)

Brian Lenihan Jnr: I apologise.

Seanad: Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Apr 2006)

Brian Lenihan Jnr: Shall I raise my voice?

Seanad: Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Apr 2006)

Brian Lenihan Jnr: I was explaining to the House that the amendment is a technical one following enactment of the Interpretation Act 2005. Amendments Nos. 1 and 6 simply harmonise this legislation with the Act. It is not necessary to include certain provisions in the legislation, since they are now governed by the Interpretation Act 2005, before whose enactment this legislation was drafted. The purpose of...

Seanad: Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Apr 2006)

Brian Lenihan Jnr: On the question of the designated centre raised by Senator Henry, the position is a little wider than she envisages because section 3(1) provides that the Central Mental Hospital is designated as "a centre"— note the use of the indefinite article — for the reception, detention and care or treatment of persons or classes of persons committed and transferred thereto under the provisions of...

Seanad: Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Apr 2006)

Brian Lenihan Jnr: These amendments have been grouped together as they relate generally to the definition of the term "mental disorder" set out in section 1 of the Bill. On Committee and Report Stages of the debate on the definition of "mental disorder", amendments to provide for a definition of what precisely was covered by the term "intoxication" were tabled by Deputy Gerard Murphy on behalf of Fine Gael....

Seanad: Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Apr 2006)

Brian Lenihan Jnr: These amendments have been grouped together as they are technical in nature. They involve relocating definitions in the Bill, clarifying references and correcting typographical errors. Amendments Nos. 5 and 30 follow on from an amendment suggested by Fine Gael during Committee Stage in the Dáil. The Minister agreed at the time that the current construction was a little unusual in that...

Seanad: Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Apr 2006)

Brian Lenihan Jnr: Amendment No. 7 is similar to an amendment originally proposed by Labour Senators. Senators might recall that the issue of orders capable of being made by the Minister for Justice, Equality and Law Reform or the Minister for Health and Children under the Bill was raised in the Seanad and also in the Dáil by Deputy Costello. After much debate on the matter, the Minister agreed to include a...

Seanad: Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Apr 2006)

Brian Lenihan Jnr: On amendment No. 10, the issue of prisons, or parts thereof, being designated as centres was the subject of much debate in this House and it featured strongly in the debates at all Stages in the Dail. Senators might recall that the Minister decided to provide for the designation of a prison or part thereof in response to the Henchy committee recommendation for the establishment of special...

Seanad: Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Apr 2006)

Brian Lenihan Jnr: The Senator will be glad to hear that Judge Henchy is alive and well.

Seanad: Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Apr 2006)

Brian Lenihan Jnr: He retired from the Supreme Court in the last century. He penned many erudite judgments which are devoured with great interest by jurists and legal scholars. He was undoubtedly a very distinguished judge. I have no doubt his capacity is unimpaired in that regard. The Senator asked what happens if a person's sentence expires while they are in the designated centre, which is addressed in...

Seanad: Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Apr 2006)

Brian Lenihan Jnr: These amendments have been grouped together as they deal with amendments introduced by the Minister relating to the issue of whether persons deemed unfit to be tried because they are suffering from a mental disorder should be treated on an outpatient basis. The Minister pointed out on Report Stage in the Dáil that as drafted, the provisions of section 3 could be regarded as not going far...

Seanad: Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Apr 2006)

Brian Lenihan Jnr: The Minister, Deputy McDowell, mentioned on Committee Stage in the Dáil that he was considering whether to change certain aspects of the law on infanticide set out in the Infanticide Act 1949. Having examined the matter in consultation with the Office of the Attorney General, he proposed two amendments to the Bill on Report Stage to amend the 1949 Act. A further amendment made an appropriate...

Seanad: Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Apr 2006)

Brian Lenihan Jnr: On behalf of the Minister for Justice, Equality and Law Reform and on my own behalf, I thank Senators for the time and effort they have devoted to this Bill and for their many contributions which served to improve it as it progressed through this House. I was involved in some of the debates in question in this House. The Minister decided to initiate the Bill in this House because he believed...

Seanad: School Accommodation. (6 Apr 2006)

Brian Lenihan Jnr: I thank Senator Tuffy for raising on the Adjournment of the Seanad this evening the question of the provision of additional permanent accommodation at St. Andrew's national school in Lucan. I propose to give the House details of the Department of Education and Science's strategy for capital investment in education projects and to outline the position in respect of the proposed building...

Seanad: School Accommodation. (6 Apr 2006)

Brian Lenihan Jnr: This is where a great difficulty arises because the control of the landbank in any area is now the responsibility of the councillors. They have a duty to the community to identify suitable sites for schools. That sometimes involves negotiations and discussions around the murky business of development, in which quite a large number of councillors in that area are not prepared to become...

Seanad: Child Care Services. (6 Apr 2006)

Brian Lenihan Jnr: Senators may be interested to hear that there is a motion on the Adjournment of the other House on the exact same subject later today. Deputy Cregan has asked me to do an examination of this matter as well. I am very pleased, as this is the first time I have had to answer for my new responsibilities in Seanad Éireann. I hope to put what has been undertaken in this area on the record of the...

Seanad: Child Care Services. (6 Apr 2006)

Brian Lenihan Jnr: There are two distinct issues here. What I am urging the four projects to do is liaise with Pobal to see how we can make progress on these applications. The question of appeal is separate. There is a formal right of appeal in the process but the best course for the groups to take at this stage is to work through Pobal and to go back then to the office.

Seanad: Hospital Services. (6 Apr 2006)

Brian Lenihan Jnr: I thank Senator Wilson for raising this matter on the Adjournment and join with him in his tribute to the staff at Hume Street Hospital. I agree that they have provided a tremendous service down the years and have shown great and exemplary dedication in their work. The 1988 Comhairle na nOspidéal report on dermatology services supported, as a matter of principle, the concept that dermatology...

Written Answers — Child Care Services: Child Care Services (25 Apr 2006)

Brian Lenihan Jnr: The Child Care (Pre-School Services) Regulations 1996 and (Amendment) Regulations 1997 give effect to Part VII of the Child Care Act 1991 and provide for notification to, and inspection by the Health Service Executive of pre-school services. There is no registration system for pre-school services. The regulations apply to pre-schools, playgroups, day nurseries, crèches, childminders looking...