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Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Jim Walsh: The Minister is right to change the age threshold. I am sure Senator Burke would agree. Many people suggested that he do so. Whether people continue in the force beyond the age of 57 years would have to be decided on an individual basis. It would depend on the ability of the garda to carry out his or her functions at that age. Some people aged 57 would be in a position to do so, but others...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Jim Walsh: The Minister was specific and I welcome this positive provision. Given the talk about releasing gardaí for more effective work, this is a positive move. Throughout the public service, value for money is a major issue but gardaí are tied up in these locations which relate to specified State operations. It is appropriate, therefore, that if the Minister in conjunction with these bodies feels...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Jim Walsh: I wonder if the Minister of State will examine this matter again before we consider the Bill on Report Stage. The manner in which this section is framed provides for the possibility of concealment, which is not what we want to happen. Such concealment may require a conspiracy between a number of people, but it could happen.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Jim Walsh: Perhaps we could consider a proposal along the lines suggested by Senator Maurice Hayes. Rather than designating what can be checked by the ombudsman, I would approach it from the other angle. I would identify what the ombudsman cannot access, for example on the grounds of its being sensitive. If identifying such matters by name is a security breach in itself, perhaps they could be identified...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Jim Walsh: Perhaps those involved will take a look at it because that is what the Members of the Seanad ultimately want to achieve. I do not think we can prescribe the mechanism for achieving that. It is important that the ombudsman should not be denied the information which is necessary if he is to conduct a thorough investigation. A certain level of protection is needed to ensure that security...

Seanad: Road Traffic Bill 2004: Committee Stage. (14 Dec 2004)

Jim Walsh: There has been a significant improvement in the behaviour of drivers since the introduction of the penalty points system. Another problem has developed, however, because drivers have kept within the speed limits, generally speaking, since the inauguration of the system. Lines of traffic often build up on national routes because drivers hug the centre line of the road while driving at 40 mph,...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Jim Walsh: I am surprised at this amendment because Fine Gael is a party with regard for strong law and order principles. One can only imagine the chaos that would ensue if we did not have the kind of protection offered in this section. I do not accept that gardaí are workers like any others. They are intrinsically involved in the security of the State and have responsibilities and powers a person in a...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Jim Walsh: I worked with a manager who used the phrase "let the dog see the rabbit". I am inclined to say the same to Senator Ryan. We are talking about a public body. Section 1 gives functions and responsibility to the local authority. Section 2 removes the right of a third party to claim this as a tort if there is a breach. The body's directors are elected democratically by people whose responsibility...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Jim Walsh: I have not been persuaded by the Senator's argument. While I do not suggest the Bill should be amended, perhaps the provision relating to ministerial discretion could deal with this issue. It would be innovative if one of the chairmen of the joint policing committees were nominated to such position. Such a provision would knit things together nicely and would provide status for the joint...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Jim Walsh: I welcome the provision in section 38 that the Garda Commissioner shall submit a report to the Minister not later than four months after the end of each year. The Minister is to be applauded on that. I have seen local authorities issue reports 12 months after the end of a year which is ridiculous. By the time such reports are published, they are out of date and irrelevant. Although it seems...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Jim Walsh: Yesterday's debate revolved around whether paragraph (a) excluded town councils and, as Senator Cummins stated, it is certainly the intention to include them. The other main focus of discussion was whether a joint policing committee should have as its core base the town and area around it, including the area committee, or whether it should be done on a county-wide basis. That matter can be...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Jim Walsh: I see the point to which Senator Cummins refers in amendment No. 48, which is that if representatives of senior Garda management are not part of the joint policing committees, they will not be as effective as they might be, with which sentiment I concur. However, I do not agree that someone below the rank of superintendent should not be eligible to attend. My experience is that a...

Seanad: Irish Nationality and Citizenship Bill 2004: Report and Final Stages. (8 Dec 2004)

Jim Walsh: We should compliment the Minister of State, Deputy Fahey, and indeed the Minister, Deputy Michael McDowell, who pioneered the legislation through the House and who has been forthcoming with answers and explanations on queries and amendments raised. It is the ultimate manifestation of democracy. The House is giving effect to the will of the people which was decided by an overwhelming majority...

Seanad: Irish Nationality and Citizenship Bill 2004: Report and Final Stages. (8 Dec 2004)

Jim Walsh: Tomorrow at 10.30 a.m.

Seanad: Dormant Accounts (Amendment) Bill 2004: Report and Final Stages. (8 Dec 2004)

Jim Walsh: I remind Senators that Report and Final Stages are to conclude at 5 p.m. We can get stuck in these amendments but other amendments will not be dealt with.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Jim Walsh: A Leas-Chathaoirligh, perhaps you could allow contributions from the other two speakers and the Minister of State?

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Jim Walsh: The debate need not end at that but it would be useful if the House had the benefit of his opinion before we adjourn it.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Jim Walsh: I agree with Senator Cummins and welcome amendment No. 37 which provides for the inclusion of all local authorities, including town councils. It significantly strengthens the Bill. I have no doubt the insertion of the provision will create a new dynamic in the operation of the policing committees and the functioning of the Garda.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Jim Walsh: I support amendments Nos. 42 and 44 but I am not sure about the three-month stipulation proposed by Senator Cummins. The joint policing committees cannot be established unless guidelines are issued by the Minister. The mandatory "shall" is preferable to the discretionary "may" and I hope the Minister will examine the wording. Amendment No. 44 relates to the guidelines. Hopefully, there will...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Jim Walsh: I welcome the Minister of State's undertaking to have a look at the matter prior to Report Stage. Convincing a man against his will may leave him staying still. Everybody in the House supports the provision in the Bill for joint policing committees as do the Minister of State and the Department. The Minister referred to section 32 which states: "A local authority and the Garda Commissioner...

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