Results 3,981-4,000 of 6,137 for speaker:Donnchadh Ó Laoghaire

Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)

Donnchadh Ó Laoghaire: I thank the witnesses for attending. In particular, I thank Mr. Byrne and I am sure it was difficult to go through those facts again. I also thank Professor Mee and Ms Doyle for their testimony. It is very difficult because, in the abstract, the person in the street would see it as a benefit to the killer to take full possession of the property or, in practice, his or her share of the...

Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)

Donnchadh Ó Laoghaire: To clarify, is Professor Mee referring to section 30 in the Land and Conveyancing Law Reform Act 2009?

Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)

Donnchadh Ó Laoghaire: If I may I will take up that point because it is important. If a couple had continued to survive and there was no violent murder, and if one person dies, the other person-----

Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)

Donnchadh Ó Laoghaire: I will just finish on one point.

Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)

Donnchadh Ó Laoghaire: Am I right in understanding that in circumstances where a person dies in the ordinary course of things - without a murder - the other person would not necessarily benefit, due to either intestacy or a will, from the entire property or take full possession of the house in survivorship?

Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)

Donnchadh Ó Laoghaire: Let us distinguish between the two sets of circumstances. In circumstances where there is not a murder, the other person acquires the deceased's interests.

Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)

Donnchadh Ó Laoghaire: Aside from any proposed legislative changes, that is currently not the case and there is deemed to be a severance.

Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)

Donnchadh Ó Laoghaire: I am speaking about where there is a murder.

Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)

Donnchadh Ó Laoghaire: I think Professor Mee might have had another point to add in response to my last question but he can address it along with his response to my next question. Am I correct that Professor Mee's position is that there is a need for legislation but only to clarify a jurisprudence rule? Ms Justice Laffoy made the point that the precedent is that there is a constructive trust and that property is...

Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)

Donnchadh Ó Laoghaire: Moving away from the joint tenancy, if I understood Mr. Byrne's presentation correctly, the death benefit and pension was paid out to Ms Doyle. Is that the case?

Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)

Donnchadh Ó Laoghaire: I am glad to hear that.

Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)

Donnchadh Ó Laoghaire: I am pleased to hear it. Are Professor Mee and Ms Doyle confident with the Bill, leaving aside the elements of disagreement and dispute which relate primarily to the land and joint tenancy issues? Are they relatively satisfied that the legislation as drafted ensures that the murderer will not benefit from a pension or death plan?

Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)

Donnchadh Ó Laoghaire: Am I correct that the witnesses are satisfied that in so far as the legislation pertains to pensions there is no legislative weakness and that the issue generally is around how well the pension plan is drafted?

Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)

Donnchadh Ó Laoghaire: Professor Mee made the point that joint tenancy is a specific and particular form of property ownership, which I understand. In respect of all other properties it is difficult to establish how they might be split or what claim the estate of the deceased or the murderer might have on them? In the case of the main property held in joint tenancy, potentially the deceased would have come to...

Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)

Donnchadh Ó Laoghaire: I want to understand better the point that was made by Professor Mee and Deputy O'Callaghan. They were discussing the fact that aiding and abetting is not included. The LRC and Deputy O'Callaghan seemed to understand that somebody taking part in a conspiracy to murder could be charged with murder but Professor Mee seemed to have a contrary view. What is the distinction between aiding and...

Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)

Donnchadh Ó Laoghaire: Yes.

Written Answers — Department of Justice and Equality: Alcohol Sales (26 Mar 2019)

Donnchadh Ó Laoghaire: 533. To ask the Tánaiste and Minister for Justice and Equality the number of special exemption orders granted since 2008 to date in tabular form; his plans to amend the legislation; and if he will make a statement on the matter. [13519/19]

Written Answers — Department of Justice and Equality: Liquor Licence Data (26 Mar 2019)

Donnchadh Ó Laoghaire: 534. To ask the Tánaiste and Minister for Justice and Equality the number of publican's licences (ordinary) theatre licences granted since 2008 to date in tabular form; his plans to amend the legislation; and if he will make a statement on the matter. [13520/19]

Written Answers — Department of Health: Hospitals Data (26 Mar 2019)

Donnchadh Ó Laoghaire: 608. To ask the Minister for Health the number of elective surgeries and procedures cancelled by specialty at Cork University Hospital for each month in 2017, 2018 and to date in 2019, in tabular form; and if he will make a statement on the matter. [12731/19]

Written Answers — Department of Health: Hospitals Data (26 Mar 2019)

Donnchadh Ó Laoghaire: 609. To ask the Minister for Health the number of elective surgeries and procedures cancelled by specialty at Mercy University Hospital for each month in 2017, 2018 and to date in 2019, in tabular form; and if he will make a statement on the matter. [12732/19]