Results 1,921-1,940 of 3,356 for speaker:Feargal Quinn

Seanad: Finance Bill 2011 (Certified Money Bill): Report and Final Stages (29 Jan 2011)

Feargal Quinn: I remind the House that I supported what became the civil partnership Act when it was being debated. However, I also supported some of the amendments relating to it that were lost. One of the amendments I wished to support was that to which Senator Mullen referred. I think the Senator is correct in saying that if we are going to make an exception for civil partners, then we must ensure we...

Seanad: Order of Business (8 Mar 2011)

Feargal Quinn: If we in this House are to find our way, we must earn our keep. We have done so to a certain extent today. I thank the Leader for arranging for the House to sit today because it has not sat for a number of weeks. We are meeting in order to pass the Construction Contracts Bill which I hope we will pass today. I appreciate the Leader's response to my request that we do so. I do not...

Seanad: Order of Business (8 Mar 2011)

Feargal Quinn: We do not deserve to stay alive if we do not do so. When I was playing rugby for Newbridge College many years ago, the trainer used to refer to the attacking team and the defending team. When I asked him what he meant by "the attacking team" and whether this was determined by the position of the ball on the field, he replied that it was not, that the attacking team was the team in...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I propose that this section be deleted.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I move amendment No. 1: In page 3, before section 2, to insert the following new section: 2.—(1) In this Act— "construction contract" means (subject to subsection (2) and section 3*) an agreement (whether or not in writing) between an executing party and another party, where the executing party is engaged for any one or more of the following activities: (a) carrying out construction...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I refer to the comments of Senator Norris. I thank him for his kind words but I must correct him on one point. This Bill did not come about because of the construction industry approaching me. It was not a great honour for the Seanad. Mr. Seán Gallagher was upset by an experience he had and he wrote to his local representative in Cavan-Monaghan, Deputy Margaret Conlon, and she circulated...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: In response to Senator O'Malley, I understand her concern. Materials were not included in this legislation. The reason is that there is sufficient legislation in this regard. If someone sells me a car and I do not pay, I owe money and the person can get that money from me through various methods. What we have included in the legislation makes the clarification in regard to that, so that...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: What is covered in the Bill is exactly as Senator Coghlan has said. It is perhaps not what was intended at the beginning. The intention was to cover as much as we could. Senator O'Malley said she is disappointed that materials are not included in it. We recognised very early on that we could not do everything. What I set out to do was to have a certainty of timing of payments, a...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: The real aim of this legislation was to achieve help for subcontractors. We did not try to achieve something that changes the law or introduces a new topic in law. Existing legislation stipulates that I owe one money if I buy something from one. The legislation stipulates how that money can be obtained. We require the legislation before us to cover circumstances where goods are bought and...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I move amendment No. 2: In page 4, before section 3, to insert the following new section: 3.—(1) A contract is not a construction contract— (a) if one or more than one of the parties to the contract is a state contracting entity and the value of the contract is not more than €50,000, (b) if the value of the contract is more than €200,000, and— (i) the contract relates only to a...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I can understand Senator Coghlan's view. There is concern about this. It has come about in a situation whereby it is rather difficult to ensure the correct amount is always the one that should apply. Certainly, on this basis it seems to me that €200,000 is far too high a figure. One of the areas we will have a chance to examine in this case is the regulatory impact analysis, RIA, to see...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I move amendment No. 3: In page 4, before section 3, to insert the following new section: 3.—(1) A construction contract shall provide for— (a) the amount of each interim payment to be made under the construction contract, and (b) the amount of the final payment to be made under the construction contract, or for an adequate mechanism for determining those amounts. (2) A construction...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I move amendment No. 4: In page 6, before section 7, to insert the following new section: 7.—(1) This section applies where, not later than 5 days after the payment claim date, an executing party to a construction contract delivers a payment claim notice relating to a payment claim to the other party or another person specified under the construction contract. (2) A payment claim notice is...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: The answer is that it may not be a dispute about payment as such. No money might be owed at that stage and this is the reason for ensuring that a claim can be made for something else.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I propose that this section be deleted because the subject matter is dealt with in amendment No. 4.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: If that is in the original Bill I have proposed that we delete all of it.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I move amendment No. 5: In page 6, before section 8, to insert the following new section: 8.—(1) Where any amount due under a construction contract is not paid in full by the day on which the amount is due, the executing party may suspend work under the construction contract by giving notice in writing under subsection (2). (2) Notice under this subsection shall specify the grounds on which...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I move amendment No. 6: In page 6, before section 8, to insert the following new section: 8.—(1) A party to a construction contract has the right to refer for adjudication in accordance with this section any dispute relating to payment arising under the construction contract (in this Act referred to as a "payment dispute"). (2) The right under subsection (1) applies in spite of any term of...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: My enthusiasm for adjudication came about when I learned of the British figures. In 1998 the United Kingdom introduced this form of adjudication. While my figures may be a few months out of date, more than 20,000 disputes in construction have occurred in the past 12 years with fewer than 400 going to court. They went to adjudication and the adjudicator's decision was accepted by all but...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I will repeat the Minister of State's words. Senator Coghlan's suggestion is worthy of consideration. Today's business, which we hope is the final Stages of the Bill in the Seanad, also acts in the manner of a Second Stage debate for the Dáil. I do not like to say that, but considering there might not be a Seanad in a couple of years' time perhaps people should get used to this and...