Results 27,761-27,780 of 29,533 for speaker:Brendan Howlin

Written Answers — Departmental Staff: Departmental Staff (31 May 2006)

Brendan Howlin: Question 81: To ask the Minister for Finance the specific staff posts and grades in respect of which his approval was sought by the Garda Ombudsman Commission, in order to allow the Commission to begin recruitment of staff; the number of posts and grades in respect of which his approval was granted; the number in respect of which permission had been refused; the number in respect of which...

Written Answers — Prison Medical Service: Prison Medical Service (31 May 2006)

Brendan Howlin: Question 126: To ask the Minister for Justice, Equality and Law Reform the number of prisoners in each prison in each year since 2000 who have been directed by the court to undergo anger management therapy, who have been offered anger management therapy and have availed of such treatment; the number of prisons in which such therapy is available; if anger management therapy was made available...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I move amendment No. 48: In page 28, line 4, after "made" to insert the following: "and for the purposes of this paragraph, proceedings shall not be deemed to have concluded until the International Criminal Court has decided whether or not to make an ICC order, and in the event that such an order is made, until such time as any application under section 40 is finally determined, or until the...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I apologise to the House for being late as there are other matters in the justice area today. The purpose of the amendment No. 48 is to ensure no gap occurs between the making of a freezing order under section 37 and the making of an enforcement order under section 39. As section 39(7) stands a freezing order could lapse on the conclusion of the International Criminal Court proceedings. I am...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I move amendment No. 50: In page 28, line 12, after "time" to insert the following: ", having given such notice, if any, as appears to the Court to be appropriate to persons likely to be affected thereby,". Where a court proposes to make an order appointing a receiver it should be required to give notice to the persons likely to be affected. This would not apply where notice would be...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I am surprised at that advice. We are dealing with other legislation where affected parties must be notified and the advice given is that we should specify it. Will the Minister for State clarity whether the advice is that this notice will be provided notwithstanding there being no specific provision or is it not intended that affected parties would be notified?

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: That is not satisfactory.

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I move amendment No. 51: In page 29, line 34, to delete "2003" and substitute "2005". This amendment is simply an update and a correct citation clause for the Companies Act, which has changed since the Bill was published.

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I move amendment No. 52: In page 31, line 1, after "order" to insert the following: "which appeared to the High Court to be a sum which might be realised by the person to whom the order is directed". This is an important amendment which relates to the issue of circumstances in which a person may be imprisoned for failure to pay a fine. There are strong international legal prohibitions on the...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: That is most surprising and unfortunate. The Minister of State stated that the court would have to do what I, in my amendment, ask that it should do. If that is the Minister's intent, why can we not be explicit in making it the intent? The following simple wording is what I want to insert: "which appeared to the High Court to be a sum which might be realised by the person to whom the order is...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: Although I do not know whether the Minister of State has ever been in the courts, one does not need a statutory provision to state that citizens of the State can make representations to the court because it is a constitutional right. There are no bonus points available for stating that under subsection (10) persons must be given a reasonable opportunity to make representations to the court;...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I move amendment No. 54: In page 33, lines 7 and 8, to delete "commencement of this section" and substitute "passing of this Act".

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I move amendment No. 55: In page 34, line 14, to delete "2003" and substitute "2005".

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I move amendment No. 56: In page 41, line 11, after "it" to insert the following: ", provided that where such material is to be transmitted out of the State, arrangements shall be made for the return of such material following the conclusion of proceedings before the International Criminal Court, and, where human remains are transmitted out of the State under this subsection, subject to...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I would like the Minister of State to explain what exactly is captured by section 51(2)(b) and state how it meets the point I made?

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: Will the Minister of State read out the section to which he referred?

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I think the Minister would believe that the insertion I propose is much more comprehensive. It is also much more respectful, particularly in terms of human remains and is sensitive to the wishes of the loved ones of individuals. I do not think we should leave it as a discretionary issue. It should be clear and should be set out in a respectful way in legislation. These are sensitive matters...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I am surprised and disappointed that the Minister is taking a dogmatic line on this. What he is saying is that the State will act responsibly, simpliciter. That is all well and good, but we are here to make sure we set out in law the duties and responsibilities of the State. If the simple view were true that all Ministers would carry out their duties responsibly and well, we would not get...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: Are we taking Nos. 57 and 58 together?

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I move amendment No. 57: In page 42, line 5, after "oath" to insert "or affirmation". This is a standard provision that is not adequately covered by the Interpretation Act 1937. I want to make this clear before the Minister of State tells me it is covered. Many statutes provide expressly for the possibility of oath or affirmation, a classic example being the Tribunal of Inquiries Act, which...