Results 3,501-3,520 of 4,465 for speaker:Jim Walsh

Seanad: Order of Business (21 Mar 2007)

Jim Walsh: I support the call by Senator Ross for a debate on employment and, in particular, the job losses we have seen over recent months. It is a matter of concern and I fully support the Senator's balanced approach to such a debate. We should consider the various issues involved, including benchmarking and the minimum wage. Issues relating to research and development have been well addressed by...

Seanad: Order of Business (21 Mar 2007)

Jim Walsh: On a point of order, is the Leader prepared to amend the Order to give an hour of the debate on the Committee Stage of the Defamation Bill to this debate? The Tánaiste will be in the House during that period.

Seanad: Prisons Bill 2006 [Seanad Bill amended by the Dáil]: Report and Final Stages (20 Mar 2007)

Jim Walsh: I understand the need for this provision. There is anecdotal evidence of prisoners being able to conduct the business of their crime gangs from within the prison walls, which is unacceptable. It has been reported that prisoners can obtain mobile telephones for €1,000 on the inside, which is not very satisfactory. I agree with the provisions of the amendments which are being made in this...

Seanad: Prisons Bill 2006 [Seanad Bill amended by the Dáil]: Report and Final Stages (20 Mar 2007)

Jim Walsh: I too wish to compliment the Minister and his staff on the introduction of this Bill which will have a beneficial effect on the administration of the prison service. I compliment the manner in which the Minister attends debates, gives them his full attention and is prepared to accept sensible amendments which strengthen legislation. This is a hallmark of the Minister. While crime gets such...

Seanad: Roads Bill 2007 [Seanad]: Second Stage (7 Mar 2007)

Jim Walsh: How about two or three minutes?

Seanad: Roads Bill 2007 [Seanad]: Second Stage (7 Mar 2007)

Jim Walsh: I commend the Minister. I have never seen such progress being made on improvements to our road infrastructure, although it was overdue. The fact that the work is on time and within cost is a credit to the Minister and the initiatives he has taken. With regard to the M50, tolls are a satisfactory way of recouping the cost of road improvements. They should be on main arteries between our...

Seanad: Roads Bill 2007 [Seanad]: Second Stage (7 Mar 2007)

Jim Walsh: Eight years ago, the chief executive of the NRA told the Joint Committee on Transport that the speed limit on the N11 and the Arklow bypass would be raised to 70 mph, which would now be 120 km/h. That needs to be done. In most cases, gardaí are taking the soft option of shooting fish in a barrel. Recently, I was travelling by road in Britain and over a journey of a few hundred miles I...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Jim Walsh: I concur fully with what the Minister has said and believe he has dealt with the matter comprehensively. I also agree with Senator Terry. In respect of Senator Norris's comments, great consideration and weight was given to the issue of mens rea at the meetings of the Oireachtas joint committee with responsibility for child protection. The committee heard from legal people who made the...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Committee and Remaining Stages (7 Mar 2007)

Jim Walsh: I commend the Minister on the expeditious manner in which he dealt with this legislation after it was brought to his attention. Senator Norris and others have commented on the magnanimous manner in which he gave due credit to the leader of the Labour Party and the Fine Gael Party for the initiatives they had taken. Legislation on grooming is a recommendation of the child protection committee...

Seanad: Criminal Law (Sexual Offences) (Amendment) Bill 2007: Second Stage (7 Mar 2007)

Jim Walsh: I too welcome the Minister and the Bill itself, which is an example of political parties co-operating on questions of importance and real concern to people rather than turning them into partisan issues. That is to the benefit of the Houses and society as a whole. This Bill arises from the emergency legislation passed last year, but everyone in the House welcomed it at the time because there...

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

Jim Walsh: Senator Norris felt strongly about this amendment, which seeks to insert the word "automatically". He had some concerns in this regard on which he might well want to elucidate himself, rather than me doing it. Both amendments are more or less connected.

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

Jim Walsh: I did not receive a satisfactory response to a point I raised on the previous occasion the Bill was debated. Section 22(1) states: "In a defamation action the defendant may give evidence, in mitigation of damage, that he or she made or offered an apology to the plaintiff...". Why is a distinction drawn between the words "made" and "offered" in this context? The legislation does not make...

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

Jim Walsh: I agree with Senators Tuffy and Maurice Hayes. I am somewhat taken aback with the response. Section 24(2) states: For the purposes of this section, the court shall, in determining whether it was fair and reasonable to publish the statement concerned, take into account such matters as the court considers relevant including any or all of the following . . . Amendment No. 17 would result in...

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

Jim Walsh: I take the point the Minister of State makes but I strongly urge him between now and Report Stage to have another look at the issue. It is not necessarily good enough to leave an issue such as this to the courts. We are making a significant change in the laws of defamation, which I will comment on when we come to the section. In doing that, there needs to be regard to the ordinary citizen...

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

Jim Walsh: It might well be argued that the defence of fair and reasonable publication is a concession to the media. I take a different view. I think it is a concession to free expression and it is one I fully support in the Bill. It is a significant shift and modifies our defamation laws substantially, but it is right that it should do that where issues of public importance and matters of public...

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

Jim Walsh: A very simple question arises from section 24(3)(b) which states that the court is not entitled to draw an inference but then qualifies this by stating that the court would look at whether the plaintiff was reasonable in withholding a response. In what circumstances would a plaintiff be unreasonable in withholding a comment if he or she were contacted by a newspaper? There should be no...

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

Jim Walsh: I understand some people will just want to clear their names and therefore will seek a declaratory order in order not to become involved in the high cost of prosecuting a case. It is my understanding that if a declaratory order is made, no compensation would follow. I am concerned that if there is no financial penalty, there is no incentive for journalists to be responsible. I accept it is...

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

Jim Walsh: I listened with interest to the Minister of State's response. While I am not a legal expert, I understand the system and why people would seek a declaratory order. In the case of a person who is seriously defamed, he or she may well decide to seek a declaratory order. It is easy to say it is his or her choice and that he or she can continue the case but one has to take account of an...

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

Jim Walsh: We are entitled to debate it. This is an important matter that goes to the kernel of the debate. Section 26(2) states: Upon an application under this section, the court shall make a declaratory order if it is satisfied that— (a) the statement is defamatory of the applicant and the respondent has no defence to the application, (b) the applicant requested the respondent to make an apology,...

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

Jim Walsh: I have debated this section with the Minister and his officials. It is badly in need of modification. When someone is defamed, the defendant may agree to offer a degree of compensation without an apology or acknowledging the defamation. The person may decide to pursue the case because reputation is more important than compensation. Subsequently, the court may find that the plaintiff was...