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

Feargal Quinn: I move amendment No. 7: In page 6, before section 8, to insert the following new section: 8.—(1) Where any amount due pursuant to the decision of the adjudicator is not paid in full before the end of the period of 7 days beginning with that on which the decision is made, the executing party may suspend work under the construction contract by giving notice in writing under subsection (2)....

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

Feargal Quinn: I move amendment No. 8: In page 7, before section 9, to insert the following new section: 9.—(1) The Minister shall from time to time select persons to be members of a panel (in this section referred to as the "panel") to act as adjudicators in relation to payment disputes and shall select one of those persons to chair the panel. (2) Persons selected under subsection (1) shall be members of...

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

Feargal Quinn: I move amendment No. 9: In page 8, before section 10, to insert the following new section: 10.—The Minister may prepare and publish a code of practice governing the conduct of adjudications under section 8.".

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

Feargal Quinn: I move amendment No. 10: In page 8, before section 10, to insert the following new section: 10.—(1) The parties to a construction contract may agree on the manner by which notices under this Act shall be delivered. (2) If or to the extent that there is no such agreement, a notice may be delivered by post or by any other effective means.". This is a very simple amendment that deals with the...

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

Feargal Quinn: I move amendment No. 11: In page 8, before section 10, to insert the following new section: 10.—(1) This Act may be cited as the Construction Contracts Act 2011. (2) This Act applies in relation to construction contracts entered into after such day as the Minister may by order appoint.". This amendment provides for the short Title and commencement arrangements for the Bill and provides that...

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

Feargal Quinn: I will comment on the contributions of Senator O'Toole and the Minister of State. I was fully behind the idea raised by Senator O'Toole and I have argued since entering the House that we should in passing legislation allow it to take effect immediately. Three students from Trinity College came to me a few weeks ago and told me they were doing a project on the Construction Contracts Bill....

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

Feargal Quinn: We have covered the point.

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

Feargal Quinn: I fully understand Senator O'Malley's motivation. All of us, including, I believe, the Minister of State, share her concerns. When I introduced the Bill in May 2010 I indicated I wanted certainty in four areas, namely, timing, amount, enforcement and security with regard to cash. While I accept that certainty has not been achieved in respect of the fourth area, I am aware that the...

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

Feargal Quinn: I move amendment No. 12: In page 8, after line 28, to insert the following new schedule: In page 8, after line 28, to insert the following new schedule:

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

Feargal Quinn: I move amendment No. 13: In page 3, lines 5 and 6, to delete "PAYMENT AND CERTAIN OTHER MATTERS" and substitute "PAYMENTS". This is a technical amendment to better align the Long Title with the Bill's purpose and contents.

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

Feargal Quinn: I appreciate everyone who has spoken in this debate, as well as those who were involved on the earlier Stages. This Bill is not perfect but I hope it can and will be improved. It falls quite far short of the aims, objectives and wishes of those of us who got together last May to work on it. I thank all who became involved in that endeavour, while knowing that this is only the first step....

Seanad: Election of Cathaoirleach (25 May 2011)

Feargal Quinn: The House is fortunate to have Senator Paddy Burke in the Chair. We were elected to the Seanad on the same occasion a little more than 18 years ago and I have admired the way he handled his responsibilities as Leas-Chathaoirleach over those years. I was impressed that several Senators stated that they would not make lengthy contributions. I have learned over the years that it is possible...

Seanad: Election of Cathaoirleach (25 May 2011)

Feargal Quinn: -----or the vast majority of them. The new Senators also have shoes to fill. In his wonderful speech earlier Senator Norris spoke about some of those who were Members in the past but in my time here one of the first people I met and who became a Member on the same day as me was the late Mr. Gordon Wilson, a representative from the North. Since then we have had Mr. Maurice Hayes, another...

Seanad: Order of Business. (1 Jun 2011)

Feargal Quinn: I know that when any of us refers to legislation being passed in the other House, we are told it is not our business. I ask the Leader to draw to the attention of the Minister concerned the fact that the Daylight Saving Bill has passed Second Stage in the British House of Commons. The reason I raise this matter is that it will be on Committee Stage in the next few weeks. It proposes that...

Seanad: Election of Leas-Chathaoirleach (1 Jun 2011)

Feargal Quinn: I add my voice to those which have already proposed Senator O'Donovan as Leas-Chathaoirleach. The Senator has been an active Member of this and the Lower House. He has been committed to subjects in which he has a particular interest, including fishing, harbours and ports and anything to do with the sea. The House has benefitted from the commitment he has shown. I believe he holds the...

Seanad: Tourism Sector: Motion (1 Jun 2011)

Feargal Quinn: The Minister is welcome to the House and I am delighted he is here. I will attempt to put down ten different ideas, rather than repeat what has been said earlier. First, can we instil the boomerang principle in everybody in the Irish tourism business? I grew up in a holiday camp and I recommend that anybody who has a chance of being born again should do their best to be reborn in a holiday...

Seanad: Order of Business (2 Jun 2011)

Feargal Quinn: Will the Leader organise a debate on the Prison Service, a subject about which Senator Bacik has spoken eloquently in the past? It is some time since we had a debate on the service and several changes have occurred in the past several months. I would like the position regarding the development at Thornton Hall to be confirmed. Recent figures showed a rise in the number of people in prison...

Seanad: Order of Business (2 Jun 2011)

Feargal Quinn: I am also concerned about the level of early releases. The European Court of Human Rights has issued instructions as to what we have to do with our jails. I accept a debate on the Prison Service would be very wide but it would be useful to have the views of the new Seanad. It is essential it gives this topic the attention it deserves. Food exports have been successful in recent times....

Seanad: Order of Business (7 Jun 2011)

Feargal Quinn: Last year criticism was expressed about newspapers that printed only bad news. A few of us said that we would make sure we have good news. I came across some good news today. NUI Maynooth has become the first and only university outside North America to be included in the 2012 edition of The Princeton Review, a guide to the best 376 colleges. It is good news. Let us ensure we look for...

Seanad: Fourth Report of the Special Rapporteur on Child Protection: Statements (7 Jun 2011)

Feargal Quinn: I thank Senator Rónán Mullen for sharing time. I welcome the Minister. When she demoted from this House to the Lower House, I thought we might not see her again, but then she was promoted to this position. I was pleased by her contribution and I am pleased we have a Department of Children and Youth Affairs. As she demonstrated in her contribution, she will grab the opportunity to...

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