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Seanad: Estimates for Public Services 2007: Statements (Resumed) (23 Nov 2006)

Jim Walsh: Like other speakers, I welcome the Minister of State, Deputy Parlon, to the House. Earlier, the Minister for Finance, Deputy Cowen, outlined the Estimates programme to the House. We are fortunate to be living in such times. Those who were involved in politics back in the 1970s and 1980s have witnessed Ireland's changing fortunes in more recent times. Twenty or 30 years ago, the Estimates...

Seanad: Estimates for Public Services 2007: Statements (Resumed) (23 Nov 2006)

Jim Walsh: No, it was beyond Castledermot at Moone after the straight stretch. I did not know whether an accident had occurred but it transpired roadworks were the cause. My passenger was amazed it had not occurred to an official in the county council that traffic would be greatly increased on a bank holiday weekend and that the roadworks should be postponed until a more suitable day. If one makes...

Seanad: Prisons Bill 2006: Second Stage (22 Nov 2006)

Jim Walsh: I join in welcoming the Minister to the House to introduce this important legislation on prisons. Some time ago, we had a similar debate on this issue. Apart from this legislation, other practical steps have been taken by the Minister to improve prison capacity. In addition, prison conditions are quite commendable. Members of the House who serve on the Joint Committee on Justice,...

Seanad: Prisons Bill 2006: Second Stage (22 Nov 2006)

Jim Walsh: Perhaps they were members of the British Army.

Seanad: Prisons Bill 2006: Second Stage (22 Nov 2006)

Jim Walsh: The prisoners are not imprisoned without reason.

Seanad: Order of Business (15 Nov 2006)

Jim Walsh: I join those Senators who have commended the diligence and work of the committee that dealt with the Judge Curtin affair. The Chairman stated yesterday that it was time for us to examine how best we could put a mechanism in place to deal with these issues effectively and expeditiously. There have been other instances in which people have resigned and a less severe outcome would have been...

Seanad: Order of Business (9 Nov 2006)

Jim Walsh: I support the call for a debate on housing, particularly affordable housing. I also examined the report by the Central Bank which, it is fair to say, is predicated on house prices continuing to increase in the 12% to 14% per annum range. However, it is not clear this will happen. If interest rates increase by a few more quarter percentage points, this will have a dampening effect to some...

Seanad: Land and Conveyancing Law Reform Bill 2006: Order for Committee Stage (9 Nov 2006)

Jim Walsh: I move: "That Committee Stage be taken now."

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Jim Walsh: I welcome that. There is a need to address that area where there are anomalies. Some management companies exert influence beyond what was intended, sometimes to the detriment of the people who have purchased properties. When it is being examined there is a need to look at interim arrangements whereby the developer controls the management company until all the apartments in a development...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Jim Walsh: I am supportive of the sentiments expressed by Senator Terry. I have come across instances where people have inadvertently gone the route of joint tenancy without realising that their successors in title will not be beneficiaries of the land and that it will accrue to the party that lives longest. Something needs to be put in place. In many instances, a good solicitor will explain the...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Jim Walsh: Senator Tuffy and the Minister are members of the legal profession and understand the point. I do not seek to delete the provision of joint tenancy but those who enter into a joint tenancy must clearly understand the difference between it and a tenancy in common and the implications for family members. We must deal with it in a way that ensures clear understanding without affecting the...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Jim Walsh: The purpose of having a witness sign the deed is to ensure the signatory cannot subsequently claim it is not his or her signature. The witness's role is to validate. Subsections (2)(b)(i)(I), (2)(b)(i)(II) and (2)(b)(i)(III) make reference to "in the presence of a witness". Subsection (2)(b)(i)(IV), however, refers to "signed and sealed by the individual". I am unsure in what...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Jim Walsh: In corporations, the normal phraseology is "signed and sealed in the presence of". That is clear English. I agree there is probably a practice where a person may sign the deeds, contract or whatever at home and post them back to the solicitor who will know the signature and will get somebody to sign as witness. That is short-circuiting. If there were a problem subsequently and somebody...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Jim Walsh: When taking possession of a property as a result of a failure on the part of the mortgagee to meet the mortgage, I cannot discern the presence of an obligation on mortgagors to maximise the value of properties. Often, their sole interest is to recover the mortgage. However, there may be a residual value in excess of the mortgage that should accrue to the defaulting mortgagee in such...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Jim Walsh: Next Wednesday at 3.30 p.m.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Jim Walsh: Next Wednesday at 2.30 p.m.

Seanad: Order of Business (8 Nov 2006)

Jim Walsh: I support the call made by Senator MacSharry for a review, update and progress report on each of the tribunals. I agree too with his comments on the overrun on costs, which is a scandal. There have been previous requests for this in the House. I am bemused by the reluctance to have a debate and seek such progress reports. Does the Acting Leader have any information in that regard? This...

Seanad: Order of Business (8 Nov 2006)

Jim Walsh: The collusion continues and this House should debate all these issues. The independent report would be a very good foundation for doing so.

Seanad: Order of Business (26 Oct 2006)

Jim Walsh: Will the Leader schedule a debate on planning soon? I refer in particular to the abuses current in the planning process. Reports over the weekend indicate that for some time there has been a practice whereby people object to a planning application then withdraw their objection when offered considerable sums of money. That should not be countenanced or allowed within the planning structure....

Seanad: International Criminal Court Bill 2003: Committee Stage (28 Sep 2006)

Jim Walsh: Next Wednesday.

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