Results 2,521-2,540 of 16,849 for speaker:Dermot Ahern

Written Answers — Immigration Policy: Immigration Policy (2 Jun 2010)

Dermot Ahern: Non-EEA nationals who are in a de facto relationship or a partnership (either heterosexual or same sex) may apply for immigration permission based on that relationship (assuming that the other party is already entitled to reside in Ireland). The rules vary depending primarily on the immigration status of the person with whom the de facto relationship is claimed. Partners of EU citizens...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: The advice of the Office of the Attorney General was taken on this point. I have some sympathy for the proposal, but it is a case of where do we draw the line. With regard to due consideration being given to the type and size of the unit owned, it would be necessary to take into account the fact that one unit had a bigger balcony; that one unit had a sea view whereas another did not; that...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: The Senator will not hear me denigrating the Seanad. I have recently acknowledged both here and in the other House the merits of the Seanad and its discussions. I am the Minister who brings forward at least two thirds of all the legislation passed through the Oireachtas. Perhaps Senator Mullen will impress on some of his colleagues on his side of the House the necessity for a second House....

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: On Committee Stage I indicated that I would examine the possibility of looking at a more flexible approach to the payment of minimum sinking fund contributions. As I am conscious of the need for flexibility in the matter, the amendment substitutes the word "other" for "greater" in section 16(4). This will mean that the annual contribution to the sinking fund will be €200, unless a...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This is a drafting amendment.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: These are technical amendments which make it clear that section 17 applies both to the annual service charge referred to in section 15 and the sinking fund contributions referred to in section 16. The effect of section 17 remains the same, that is, that an owner-management company will be able to issue a request for payment of an aggregate amount comprising the annual service charge and the...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: Issues relating to the recovery of outstanding service charges and sinking fund contributions were raised on Committee Stage when I undertook to examine them. On reflection, the best solution is to insert this new section into the Bill. It provides that the owner or management company may seek to recover outstanding service charges and sinking fund contributions as simple contract debts in...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This is a drafting amendment to improve the presentation of section 18(1).

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: Amendments Nos. 43 and 44 are drafting amendments. Amendment No. 46 broadens the scope of paragraph (j) to cover all multi-unit developments, not just mixed-use developments. The purpose of the paragraph is to allow unit owners to obtain a court order if a proposal to alter the physical characteristics of a development would disproportionately or inequitably affect them. The scope of the...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: In section 19(4)(h) we have provided that a court order may be sought where the developer unreasonably refuses to transfer ownership of the common areas to an owner-management company. In more recent discussions with my Department the Law Society has mentioned possible cases of the opposite arising, that is, where the owner-management company unreasonably refuses, for whatever reason, to...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: On Committee Stage I said I was sceptical of the need for this type of amendment. However, we have re-examined the matter and section 18 makes it clear that house rules must be consistent with the covenants and conditions included in the title deeds. A purchaser would have been advised prior to purchasing about such covenants and conditions in his or her title deeds such that he or she...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: The Law Society has suggested the personal representative of the deceased member of an owner-management company should be permitted to make an application under section 19. That is the purpose of the amendment.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: I am proposing this amendment such that jurisdiction under section 19 will be reserved to the Circuit Court in the first instance. Applications to the High Court will not be permitted. This is to help control the cost of applications, avoid the risk of a developer or any other party resorting to the High Court with a view to discouraging the owner-management company or any party entering a...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: I do not have much more to say. We have provided for definite mediation rules in sections 22 and 23. I support using alternative forms of dispute resolution, including mediation, rather than having recourse to the courts. I assure Senator Bacik and the House that I will examine the matter between now and Committee Stage in the Dáil.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: We will change Schedules 2 and 3 to give them headings like that in Schedule 1. An amendment is not required because such headings are not part of the legal text. This change will make it a little easier to understand what we are referring to. On amendment No. 51, we are happy that the provisions of section 2(1) and Schedule 1 are sufficient to deal with small developments of two, three or...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: It appears that some traditional housing developments that avail of the owners' management company structure have sinking funds in place. I believe that in such circumstances, the directors of management companies have a responsibility to provide details of the sinking funds' finances to the residents. Amendment No. 52 will mean that the obligation to provide a statement on a sinking fund...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This is a drafting amendment.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: This amendment will ensure any safety file required to be held and maintained by a developer during the planning and construction of a development must be given to the owners' management company.

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: I thank Senators for their deliberations on this legislation. I assure them it is awaited with bated breath in the other House. Hardly an Order of Business goes by without it being raised, to the frustration of the Taoiseach who has to reply that he does not have any say in the progress of Bills through the Seanad. I compliment Senators and the various associations who have made...

Seanad: Multi-Unit Developments Bill 2009: Report and Final Stages (1 Jun 2010)

Dermot Ahern: I have looked at these amendments. I cannot accept them because, in the view of the Department, they would introduce a complex and unwieldy mechanism for determining completion of multi-unit developments. I do not believe amendment No. 1 is practical for a number of reasons. First, it seeks to impose a new statutory duty on local authorities which would be additional to their existing...