Results 28,721-28,740 of 29,533 for speaker:Brendan Howlin
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: I received a note from the Chair regarding amendment No. 11 in my name. It is a technical amendment that corrects what I believe to be an error. I ask the Minister of State to accept the recommittal of the Bill at that stage also so that the defect can be debated. I have no objection to the recommittal onamendment No. 1.
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: I thought it good to give the Chair notice of it.
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: Thank you, we always get clarity from the Minister of State. These amendments basically relate to procedures with regard to the appeals mechanism to the Supreme Court. I did not know much about the Supreme Court and its appeals mechanisms, but of late, as the Chair will appreciate, I am learning more about them through personal experience.
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: Unfortunately, I could not attend the Committee Stage debate because I was involved in an important committee sitting at the same time and my colleague, Deputy Burton, dealt with amendments for me. The Minister of State dealing with the Bill at the time undertook to consider the amendments and come back on Report Stage and has done so. What happens when one makes a coherent technical argument...
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: I remember.
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: Butââ
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: That is right.
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: Yes.
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: I was waiting for an erudite explanation from the Minister of State of the legal correctness of the words he has proposed, as opposed to the words I have proposed. It is not good enough to explain it to the House on the basis that it is the opinion of the Office of the Chief Parliamentary Counsel, as it is now known. I suppose "draftsman" is too pedestrian a term for such an eminent person.
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: Matters could be hastened by putting the advice of the counsel on the record. I invite the Minister of State to do so.
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: So we have to buy a pig in a poke.
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: I move amendment No. 6: In page 21, line 30, after "court" to insert the following: "and shall be filed in the Office of the Supreme Court within 5 days after such service". I did not hear any response from the Minister of State to my proposal that notice of an appeal to the Supreme Court "be filed in the Office of the Supreme Court within 5 days" of the order being served by the court. Is...
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: Is the provision proposed in my amendment already encompassed within the Bill?
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: Very good.
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: I move amendment No. 7: In page 21, to delete lines 31 to 41 and substitute the following: "(3) Notice of appeal by the umbrella fund shall be served on the Central Bank and on the relevant creditor who made the application pursuant to section 256C, and notice of appeal by the party that made the application pursuant to section 256C shall be served on the Central Bank and the umbrella fund.".
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: I move amendment No. 11: In page 32, to delete lines 32 to 34 and substitute the following: "(2) Article 2 of the Companies (Recognition of Countries) Order 1964 (S.I. No. 42 of 1964) is amended by the substitution of 'section 250' for 'sections 250 and 367'.". I have been given legal advice on this matter and I propose that Article 2 of the Companies (Recognition of Countries) Order 1964,...
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: In parliamentary drafting terms, since the order is in place, sections of it will remain law under the Companies Acts of 1963, subsequent to the enactment of this provision. My understanding is that in practice one is not therefore revoking the statutory instrument but deleting a section of it. The formulation of the words "to revoke" in that context is not correct procedure. The Minister of...
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: The Minister of State is not obliged to do any such thing. This is Parliament. If we want the legal advisers to create law, we will then simply meet annually to rubber-stamp the drafts put before us by the Parliamentary Counsel. If the import of my amendment is right, if it is consistent with normal practice in legislation to date, if it is not in any way deficient and if it achieves the...
- Investment Funds, Companies and Miscellaneous Provisions Bill 2005 [Seanad]: Report and Final Stages. (24 Jun 2005)
Brendan Howlin: I am obliged to the Minister of State.
- Written Answers — Tribunals of Inquiry: Tribunals of Inquiry (23 Jun 2005)
Brendan Howlin: Question 41: To ask the Minister for Justice, Equality and Law Reform if a financial settlement has been offered to members of the McBrearty families in respect of their claim against the State arising from the matters highlighted in the two reports of the Morris tribunal; when the promised apology will be issued; the persons who will be covered by the apology; and if he will make a statement...