Results 301-320 of 1,150 for speaker:Frank Fahey

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Frank Fahey: As I have explained previously, it would not matter. If one brought a case in the Circuit Court and appealed the decision, it would go automatically to the High Court.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Frank Fahey: If one did not appeal the decision, it is not an issue.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Frank Fahey: It is not an issue. It cannot be held in the District Court so, if one appeals the decision, it goes to the High Court.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Frank Fahey: The text of section 26, which provides for the new remedy of a declaratory order, provides throughout for mention of applicant and respondent. This is the correct approach, as no defamation action has been lodged and thus we cannot speak of plaintiff and defendant.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Frank Fahey: Essentially, if the plaintiff wants a quick fix, as it were, he or she will seek a declaratory order. That is his or her choice. If he or she wants to prove defamation, he or she will choose another approach. Section 26 provides for this more expeditious remedy to the applicant where an allegedly defamatory statement has been published and the court is satisfied it is so, and that the...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Frank Fahey: The proposal was first contained in a report of the Law Reform Commission in 1991. It was further recommended by the legal advisory group on defamation in 2003.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Frank Fahey: The court will decide on the application. If a person seeks a declaratory order the person must understand that damages cannot be awarded.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Frank Fahey: If one seeks damages one should apply for a standard defamation order. It is up to the courts to grant a declaratory order and the courts must decide that the defendant has no defence. The defendant may be able to offer a defence. The issue of compensation is a separate matter.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Frank Fahey: I have no further comment.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Frank Fahey: In short, yes.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Frank Fahey: That is the point. Section 27 brings defamation proceedings into line with other actions for damages by allowing the defendant to lodge in court, with the defence, a sum of money in satisfaction of the plaintiff's claim. This lodgement may be made without admission to liability. Section 3 is intended to facilitate a plaintiff who may wish to ensure that some measure of public recognition...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Frank Fahey: The plaintiff has a choice of going either route. If the plaintiff chooses this route, it is a matter for him or her.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (6 Mar 2007)

Frank Fahey: There is a misunderstanding on the part of Senator Jim Walsh. He is seeking a requirement that the defendant admits liability. He cannot be required to admit liability where there is only an allegation which has not been proven. It is for that reason that the requirement of an apology is not part of this section.

Communications Regulation (Amendment) Bill 2007 [Seanad]: Second Stage (Resumed) (27 Feb 2007)

Frank Fahey: I will respond on behalf of the Minister for Communications, Marine and Natural Resources, Deputy Dempsey, and I thank Members for their contributions. I welcome the opportunity to comment on the various observations made on the provisions of this important Bill. The Bill is necessary, as Deputies have said, to ensure that the independent regulator, ComReg, has the tools required to ensure...

Communications Regulation (Amendment) Bill 2007 [Seanad]: Second Stage (Resumed) (27 Feb 2007)

Frank Fahey: A recent report confirmed that service to the area, which is supplied by Eircom, is not adequate. ComReg has encouraged Eircom to provide a solution which will satisfy the needs of the local population. Eircom has an obligation to provide basic telephony services and functional Internet access to all consumers. ComReg is in the process of formally assessing whether the current telephony...

Youth Diversion Projects. (27 Feb 2007)

Frank Fahey: I thank Deputy Michael D. Higgins for raising this issue on the Adjournment. Garda youth diversion projects are a vital and integral part of our youth justice system and operate as community-based, multi-agency crime prevention initiatives. They seek to divert young people from becoming involved, or further involved, in anti-social or criminal behaviour. The projects provide activities to...

Youth Diversion Projects. (27 Feb 2007)

Frank Fahey: The activities of the project were overseen by a committee comprising representatives of the employing organisation, the Garda Síochána, Galway City Council, local clergy and the local VEC. The individual to whom the Deputy refers was employed by the voluntary organisation as project co-ordinator. The Minister for Justice, Equality and Law Reform was informed by the Garda authorities that...

Youth Diversion Projects. (27 Feb 2007)

Frank Fahey: The Minister further understands that, following the termination of the project, the former project co-ordinator raised the amount of the redundancy sum paid to him by the employing organisation with the Labour Relations Commission and the matter was heard by the rights commissioner in February 2006. It is important to point out that the Minister, the Department and the Garda authorities...

Youth Diversion Projects. (27 Feb 2007)

Frank Fahey: Upon becoming aware of this determination, a copy of it was sought and was received in the Department of Justice, Equality and Law Reform in late June 2006. That determination recommended that the former project co-ordinator receive a redundancy payment above the statutory redundancy payment he received from the employing agency. The recommendation clearly stated that this payment should be...

Youth Diversion Projects. (27 Feb 2007)

Frank Fahey: The value of these projects to the participants and the local community is without question. The Minister has recently received the recommendation of the Garda Commissioner about the need for a new project in the area. The Minister, in conjunction with the Garda Commissioner, will consider the establishment of an alternative project in the Galway area as part of the next phase of expansion...