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Seanad: Property Services (Regulation) Bill 2009: Committee Stage. (21 Apr 2010)

Dermot Ahern: We are more than willing and it is an element of the programme for Government. Returning to my digression into this area, I subsequently found that the Data Protection Commissioner's office was not subject to freedom of information requests. When it came to the extension of freedom of information to other agencies, I and the then Minister for Finance, Charlie McCreevy, who is sometimes...

Seanad: Property Services (Regulation) Bill 2009: Committee Stage. (21 Apr 2010)

Dermot Ahern: Section 60 requires the authority to make regulations on the contents of advertisements, booking deposits and the terms of building contracts. Under this section, the regulations also apply to persons other than licensees. For example, the regulations can apply to builders or surveyors and contravention of a regulation under this section by a licensee will amount to improper conduct. For a...

Seanad: Property Services (Regulation) Bill 2009: Committee Stage. (21 Apr 2010)

Dermot Ahern: This amendment inserts three new subsections into section 63 to provide that where the authority receives a complaint about an employee or a principal officer it can also investigate the property services employer and vice versa. This amendment also provides that the same powers will be available to the authority where it carries out an investigation on its own initiative. Amendment agreed...

Seanad: Property Services (Regulation) Bill 2009: Committee Stage. (21 Apr 2010)

Dermot Ahern: This amendment reduces the amount, from €5 million to €2 million, that should be to the credit of the property services compensation fund after four years. This amendment responds to concerns raised on Second Stage and in submissions by representatives of the property services industry to the effect that the figure of €5 million is too high. Amendment agreed to. Section 75, as amended,...

Seanad: Property Services (Regulation) Bill 2009: Committee Stage. (21 Apr 2010)

Dermot Ahern: The purpose of this amendment is to give the authority discretion as to whether to make a grant out of the compensation fund to clients of the property service provider where the provider did not have a licence to provide the particular service at the time the loss occurred. Amendment agreed to. Section 76, as amended, agreed to. Sections 77 to 83, inclusive, agreed to. SECTION 84. Government...

Seanad: Property Services (Regulation) Bill 2009: Committee Stage. (21 Apr 2010)

Dermot Ahern: This is a drafting amendment. Amendment agreed to. Section 84, as amended, agreed to. Sections 85 to 88, inclusive, agreed to. SECTION 89.

Seanad: Property Services (Regulation) Bill 2009: Committee Stage. (21 Apr 2010)

Dermot Ahern: The purpose of these amendments is to ensure the authority has sufficient power to make regulations where necessary under the Bill. The first amendment extends the authority's regulation making powers to enable it to attach conditions to particular classes of licences. The second amendment empowers the authority to make regulations which set out the extent to which the employer's...

Seanad: Property Services (Regulation) Bill 2009: Committee Stage. (21 Apr 2010)

Dermot Ahern: The purpose of these amendments is to set out in greater detail the transitional arrangements in respect of persons who are already providing property services when the new legislation comes into force. New section 93 sets out definitions for the purpose of the transitional arrangements, most of which are already contained in the Bill. Subsections (1) to (4) of the new section 94 reflect...

Seanad: Property Services (Regulation) Bill 2009: Committee Stage. (21 Apr 2010)

Dermot Ahern: Not very long. This is to cater for those people who are currently applying for a licence and who, following the passage of the legislation, will come in under the new arrangements. Amendment agreed to. Government amendment No. 69: In page 87, before section 93, to insert the following new section: 94.-(1) Subject to subsection (3) and section 95#, sections 28(1) and 84 and the provisions of...

Seanad: Property Services (Regulation) Bill 2009: Committee Stage. (21 Apr 2010)

Dermot Ahern: Amendment No. 71 gives the authority discretion to hold a hearing or part of hearing in public if it receives a request from a licensee or complainant. A request for a public hearing must be in writing and must state the reasons for the request. This amendment responds to a suggestion made on Second Stage by Senator O'Toole. Amendment No. 72 is a consequential amendment to ensure...

Seanad: Property Services (Regulation) Bill 2009: Committee Stage. (21 Apr 2010)

Dermot Ahern: With the exception of amendment No. 82, these are drafting amendments which do not seek to change the policy as set out in the existing provisions but seek to improve the wording of the Bill or make consequential amendments in response to earlier amendments. In accordance with section 43, as amended by paragraph 12 of Schedule 7, in so far as it applies to relevant persons, such relevant...

Seanad: Property Services (Regulation) Bill 2009: Committee Stage. (21 Apr 2010)

Dermot Ahern: These are drafting amendments. I propose to bring forward on Report Stage a number of mainly technical amendments to this Schedule in so far as it relates to the Building Society Act 1998. Amendment agreed to. Government amendment No. 84: In page 114, line 23, after "that" to insert "first-mentioned". Amendment agreed to. Government amendment No. 85: In page 114, line 31, after"that" to...

Written Answers — Departmental Funding: Departmental Funding (20 Apr 2010)

Dermot Ahern: I propose to take Questions Nos. 479 and 480 together. The Government is fully committed to fulfilling its obligations under the Good Friday Agreement. Part of that was the setting up of a Scheme to disburse monies under a number of headings to victims of the Northern Ireland Conflict. In 2003, the Government established the Remembrance Commission with a budget of up to €9m, of which...

Written Answers — Departmental Funding: Departmental Funding (20 Apr 2010)

Dermot Ahern: My Department has no funding out of which moneys are generally available for disability advocacy groups. However, currently, my Department funds People with Disabilities in Ireland, which represents people with disabilities, their families and carers and aims to ensure that they have the opportunity to contribute to and influence policies and decisions that impact on their lives.

Written Answers — Visa Applications: Visa Applications (20 Apr 2010)

Dermot Ahern: The status of diplomatic and other staff of foreign missions, including private domestic workers or private servants employed by diplomats, is regulated by the Vienna Convention on Diplomatic Relations which, under the Diplomatic Relations and Immunities Act 1967, has the force of law in the State. The Convention provides that the sending state must notify the Ministry for Foreign Affairs,...

Written Answers — Disabilities Policy: Disabilities Policy (20 Apr 2010)

Dermot Ahern: Replies to Questions on the specific responsibilities of each Department in relation to disability are matters for the relevant Minister.

Written Answers — Garda Operations: Garda Operations (20 Apr 2010)

Dermot Ahern: I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy again when the report is to hand.

Written Answers — Fraud Offences: Fraud Offences (20 Apr 2010)

Dermot Ahern: I propose to take Questions Nos. 485 and 486 together. Section 6 of the Criminal Justice (Theft and Fraud) Offences Act, 2001 provides for the offence of making gain or causing loss by deception. Any complaints received by An Garda Síochána regarding the activities referred to by the Deputy are the subject of investigation and possible criminal proceedings where the evidence disclosed so...

Written Answers — Asylum Applications: Asylum Applications (20 Apr 2010)

Dermot Ahern: The person concerned applied for asylum on 1 November 2004. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided. Her asylum application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals...

Written Answers — Citizenship Applications: Citizenship Applications (20 Apr 2010)

Dermot Ahern: An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in December 2009. The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions...

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