Results 2,101-2,120 of 29,533 for speaker:Brendan Howlin

Defence (Amendment) Bill 2020: Second Stage (8 Sep 2020)

Brendan Howlin: The Bill envisages an order by the Minister for Defence which spells out the delegation and specifies what is not delegated.

Defence (Amendment) Bill 2020: Second Stage (8 Sep 2020)

Brendan Howlin: We will see that. It seems the right thing to do. I just wanted to understand what exactly that line meant. As other speakers mentioned, the Bill also includes a provision which enables the State to give full effect to the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict by deleting provisions relating to the enlistment of...

Defence (Amendment) Bill 2020: Second Stage (8 Sep 2020)

Brendan Howlin: Is there----

Defence (Amendment) Bill 2020: Second Stage (8 Sep 2020)

Brendan Howlin: I know that. I am sorry; I know it is not in order and I apologise but I find it helpful to have a banter with the Minister. When we were passing the omnibus Bill in March, we assumed there would be a facility for people who wanted to re-enlist to be welcomed back. If there is a big disparity between the numbers who have applied and the numbers who have been accepted, it would be...

Defence (Amendment) Bill 2020: Second Stage (8 Sep 2020)

Brendan Howlin: I am very glad to have the opportunity to speak on the Defence (Amendment) Bill 2020. It is a while since I spoke on a defence matter. I apologise to the Minister for missing his speech. I am very anxious to hear the Minister's presentation of any legislation before I speak, but I am afraid because of the earlier votes in the House I was caught up in the Committee on Dáil Reform and...

Written Answers — Department of Finance: Tax Code (8 Sep 2020)

Brendan Howlin: 289. To ask the Minister for Finance his plans to review the taxation of index funds and ETFs; if the periodic taxation of ETFs is to be maintained; and if he will make a statement on the matter. [21807/20]

Written Answers — Department of Employment Affairs and Social Protection: State Pension (Non-Contributory) (8 Sep 2020)

Brendan Howlin: 700. To ask the Minister for Employment Affairs and Social Protection when a decision will be made in relation to a State pension non-contributory appeal in respect of a person (details supplied); and if she will make a statement on the matter. [21820/20]

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Brendan Howlin: I do not intend to push to a full vote.

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Brendan Howlin: I have tried to confine my remarks to my own amendments in each of the contributions I have made and I will do so again. The Minister said that people have the right to appeal. They do not have a right to appeal. As the Minister already outlined in response to Deputy McNamara, there is no appeal mechanism. There is a judicial review mechanism, which for the reasons stated by Deputy...

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Brendan Howlin: Subparagraph (e) covers everything.

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Brendan Howlin: This is a matter of rights. The Minister would have to accept that without specifically stating that these are contestable facts, the overwhelming balance falls to the member of An Garda Síochána who can point to an uncontested emergency closure order against the premises. If we do not state it in the law that because it is an emergency closure order, the facts of the case have...

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Brendan Howlin: I move amendment No. 2: In page 6, between lines 26 and 27, to insert the following: “(6) Nothing in this Act prevents a licensee from putting in issue or a court from determining, in subsequent legal proceedings to which the question is or may be relevant— (a) whether the member who gave the direction in respect of the premises concerned had reasonable cause for...

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Brendan Howlin: When an immediate closure order is made by An Garda Síochána, as is clear from the term, it has immediate effect. If somebody feels aggrieved there is no way that the validity or reasonableness of an immediate closure order can be scrutinised by a court because if a premises is closed for the day, by the time a proprietor has any remedy it is obviously too late. We accept that...

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Brendan Howlin: I do not think we can prolong the debate any longer. I do not agree with the Minister. She is right to say that there are other provisions in regulations under the 1947 Act. They are not germane to pubs or licensed promises and they are enforceable under separate legislation under the Act, relating to separate issues. Why does the Minister want to mirror this in this Bill? This Bill is...

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Brendan Howlin: Yes.

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Brendan Howlin: I return to the matter of plain English. Section 3(1)(a) refers to "the purposes of giving a direction". What does a "direction" mean? According to the interpretation section, a direction has to be "in relation to a relevant provision". A direction is a direction under the relevant provisions of the Bill. It goes on to specify "whether in relation to a relevant provision or otherwise"....

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Brendan Howlin: I thank the Deputies who have contributed to the debate although much of it was Second Stage debate again. We covered a lot of territory. I wish to be clear that the Labour Party supported the legislation, reluctantly, because it is not normal legislation to provide such significant powers to a Minister, in this case the Minister for Health, to draw up regulations that are penal provisions...

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Brendan Howlin: I move amendment No. 1: In page 5, to delete line 14. The amendment pertains to section 3 of the Bill, which provides entry and inspection of relevant premises by members of An Garda Síochána. Section 3 states: 3. (1) Any member, whether in uniform or not, may enter without a warrant any relevant premises at any time and there make such inspection, examination, observation...

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Second Stage (2 Sep 2020)

Brendan Howlin: On a point of order, have Committee Stage amendments been circulated yet? I cannot find them on the website.

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Second Stage (2 Sep 2020)

Brendan Howlin: I think this is my first opportunity to congratulate the Minister on her election and her appointment. I am pleased to have the opportunity to deal with this important legislation. This is a criminal justice Bill and we all have to be careful when enacting criminal law. It is an emergency Bill. It has not followed the normal path of legislation for understandable reasons. There is no...