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Select Committee on Justice and Equality: Courts (Establishment and Constitution) (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: I wish to make a general remark.

Select Committee on Justice and Equality: Courts (Establishment and Constitution) (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: I welcome the Bill. There is a significant backlog in the Court of Appeal so obviously it is welcome that this is being addressed. We will support the Bill. We have no amendments and I imagine we will have none on Report Stage either. A related matter arises concerning the courts and the Judiciary and so on. The Judicial Council Bill is proceeding to Report Stage this week in the...

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: I welcome the Minister of State and his officials. While a lot more needs to be done in this area, this is useful legislation. We are discussing amendments Nos. 1 and 3 but I wish to refer to section 2 first. There is an enormous issue, generally speaking, with the civil legal aid-----

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: Okay. In a general sense, there is a significant issue in relation to legal aid across a wide range of actions, including serious delays and excessive minimum contributions being requested due to under-funding of the Legal Aid Board. The cases addressed by this legislation will inevitably involve significant legal argument at the Circuit Court, whereby people will have to have a debate with...

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: Will the Minister of State clarify whether it would be a breach of the mortgage terms to have somebody other than the person paying the mortgage in the property paying rent and for that rent to be used to pay the mortgage?

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: Is the Minister of State also stating that, regardless of whether it is a breach, in circumstances where that is happening it is not possible to appoint a receiver?

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: I do not understand how it would be a failure to honour the mortgage if, by agreement with the borrower, there was somebody in the property paying the rent and a large chunk of the mortgage was being paid.

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: I will press the amendment. I move amendment No. 3: In page 3, between lines 10 and 11, to insert the following: “2. Section 108 of the Act of 2009 is amended by the insertion of the following subsection after subsection (1): “(1A) (a) In the case of a housing loan mortgage, notwithstanding the terms of the mortgage agreement or anything to the contrary set out in...

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: Can I speak to this group of amendments?

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: I move amendment No. 4: In page 3, to delete lines 19 to 21 and substitute the following: " "2A.(1)This section applies to any proceedings brought by a mortgagee, irrespective of when the mortgage was created, seeking an order for possession of land to which the mortgage relates and which land is land to which section 2 applies—". Amendment No. 5 is probably less comprehensive...

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: Can the Minister of State tell us directly whether he is certain that all existing cases are covered by this legislation? It seems to me the wording is open to challenge by financial institutions saying that it does not apply and is only for cases arising in the future, especially given that legislation generally applies to future cases. There is a tendency against retrospective...

Select Committee on Justice and Equality: Land and Conveyancing Law Reform (Amendment) Bill 2019: Committee Stage (19 Jun 2019)

Donnchadh Ó Laoghaire: I move amendment No. 5: In page 3, line 19, after "to" to insert "any".

National Minimum Wage (Protection of Employee Tips) Bill 2017: Second Stage [Private Members] (18 Jun 2019)

Donnchadh Ó Laoghaire: Momentum has built behind the Bill. I commend Senator Paul Gavan and his team for this initiative. I also commend ONE Cork, ONE Galway and all the people involved in the hospitality sector who have generated this momentum. This momentum has, albeit belatedly and hurriedly, prompted the Government to bring forward proposals. Amidst that momentum, there is a fair bit of discussion, a fair...

Written Answers — Department of Justice and Equality: Prisoner Data (18 Jun 2019)

Donnchadh Ó Laoghaire: 239. To ask the Tánaiste and Minister for Justice and Equality the number of remand prisoners held alongside persons serving a prison sentence by prison; and the number of remand prisoners cell sharing with sentenced prisoners. [24998/19]

Written Answers — Department of Justice and Equality: Prisoner Releases (18 Jun 2019)

Donnchadh Ó Laoghaire: 240. To ask the Tánaiste and Minister for Justice and Equality his plans to remove the prohibition on temporary release for those offenders who receive the presumptive mandatory sentence for a drugs or firearms offence as recommended by the strategic review group on penal policy in 2014. [24999/19]

Written Answers — Department of Justice and Equality: Prison Discipline (18 Jun 2019)

Donnchadh Ó Laoghaire: 241. To ask the Tánaiste and Minister for Justice and Equality the number of incidents in which control and restraint was used by prison officers from 1 May 2018 to 30 April 2019; the number of prison officers who received training in conflict resolution during the same period; the number of incidents de-escalated through conflict resolution techniques; and if he will make a statement on...

Offences against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions (12 Jun 2019)

Donnchadh Ó Laoghaire: The prevalence and viciousness of gang-related violence in this State is one of the greatest challenges we face as a society. Frankly, not remotely enough is being done to come to terms with it. It has become a living nightmare for the communities that have to live with this. People have become terrorised and they have lost hope that it will come to an end. A climate of fear, violence,...

Defence Forces: Motion [Private Members] (12 Jun 2019)

Donnchadh Ó Laoghaire: We will support the motion and we have tabled an amendment to strengthen it. There is significant pride in the Defence Forces among the public and its members. One of the items that features prominently in museums up and down the country is the blue hats from peacekeeping missions. I refer to the many peacekeeping missions members have been on and how well the Defence Forces represented...

Written Answers — Department of Education and Skills: School Catchment Areas (12 Jun 2019)

Donnchadh Ó Laoghaire: 112. To ask the Minister for Education and Skills if a new primary school catchment area is defined by the school planning area; and if it is the responsibility and remit of the board of management to define the catchment area from which children living in those areas will be given priority particularly in the case of a school located on the edge of a school planning area. [24463/19]

Written Answers — Department of Education and Skills: School Catchment Areas (12 Jun 2019)

Donnchadh Ó Laoghaire: 113. To ask the Minister for Education and Skills his plans to revise the boundaries of school planning areas, specifically the Glasheen and Carrigaline school planning areas and the area where they meet. [24464/19]

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