Results 401-420 of 6,295 for speaker:Michael D'Arcy

Saincheisteanna Tráthúla - Topical Issue Debate: Credit Unions (25 Jun 2019)

Michael D'Arcy: There are copies available.

Saincheisteanna Tráthúla - Topical Issue Debate: Credit Unions (25 Jun 2019)

Michael D'Arcy: The industry funding levy is not solely applied to credit unions. There is no requirement under regulations for the Minister to consult the CUAC. The Government recognises the important role credit unions play in Irish society as volunteer co-operative financial institutions. Credit unions help to sustain the economy, with more than €2 billion of new lending every year. That is why...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: When Committee Stage of the Bill was taken last April, there was a considerable volume of amendments to be discussed related to sentencing matters. On this occasion, there is also a considerable volume of amendments to be discussed, but this time related to personal injuries matters. I propose to take the approach taken on the last occasion, that is, explaining the purpose behind the...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: Awards are matters for the Judiciary rather than the lay members of the personal injuries guidelines committee. The Senator alluded to the lay structure that is proposed in the Judicial Appointments Commission Bill 2017 for the appointment of judges. This legislation is about recalibrating the guidelines. It is a matter for the Judiciary, rather than lay members, to do that. We have made...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: Who does the Senator believe should be in the room with the Judiciary when these decisions are being made? Should representatives of the insurance companies be present? Should medical practitioners be present? Insurance companies should not be represented because they have a vested interest. Medical practitioners could potentially have a vested interest too. There is nothing wrong with...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: I have a timeline in mind. The Senator has probably heard me expressing my view on that. I understand that it is a challenging timeline. I am prepared to challenge any party. The urgency of this matter means it needs to be dealt with as quickly as possible. The first timeline will be met when I get out of here. I do not use that term in a negative way. I appreciate that people have...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: We will not look for office space until the Bill is enacted. It is only then that we will move, but preliminary work has been done to determine how we will proceed in that regard. The Judiciary is very supportive of the incorporation within the Judicial Council structure of a function of formulating and issuing appropriate guidelines on compensation in personal injuries cases. The approach...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: I apologise if I did not bring to the Senator's attention subsection (7) of the proposed new section 18. It states:The Personal Injuries Guidelines Committee, and any person authorised by it to act on its behalf, may, for the purpose of performing its functions under subsection (2)—(a) require any person to provide it with such records, documents or information as it may reasonably...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: When the Bill was first presented, it provided for two committees of particular note: the judicial studies committee and the judicial conduct committee. Since then, provision has been made for a sentencing guidelines and information committee and, courtesy of the amendments just passed by the House, a personal injuries guidelines committee. The original arrangements envisaged that the...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: There are 165 judges and, therefore, we should have enough of them for the committees. All the committees will have to be established within six months of the first meeting of the council. In the case of the judicial conduct committee, the sentencing guidelines and information committee and the personal injuries guidelines committee, their first meeting will have to be held no later than...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: I do not know how many judges will be on the committees. The insurance aspect of the Bill is a small corner of very important legislation for the Judiciary. There are seven on the committee that I propose to establish under this legislation. There are four other committees so I do not know what the breakdown is per committee, unfortunately. There will be between 20 and 30 members of the...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: In its current form, section 17(3)(c) specifies that the judicial studies committee may provide education and training on matters relevant to the exercise by judges of their functions. In order to guide the committee, examples are given of several areas where training might be appropriate. During our Committee Stage debate, Senator Bacik spoke about using the opportunity provided by section...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: The Senator's raising of this issue here reflects, certainly to my mind, that this should be considered in respect of the analysis regarding the studies. That has been achieved by simply raising it. We can have a vote, if Senator chooses to press the amendment, and we might win or lose. I do not know. It will not further progress on this issue. This debate has, however, already advanced...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: On Committee Stage, a number of Senators, in particular Senators Ó Donnghaile and Ruane, mentioned the need for the sentencing guidelines and information committee to have a monitoring role in respect of any guidelines which may be adopted by the council. An undertaking to consider this matter was given and, as a result, I have decided to introduce amendment No. 27 which includes among...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: On numerous occasions I have heard Senator Reilly express his strong view that, when guidelines are not being adhered to, the court should explain why that is the case. This amendment gives that idea legal effect. I thank the Senator in that regard. I hope that what we are doing in respect of sentencing guidelines will be done in conjunction with the Judiciary. We are outlining in...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: First, no election is due until 2021.

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: I have listened with interest to what the Senator has said about the need for a review of current mandatory minimum and presumptive sentencing provisions.Regardless of the merits of the proposal, however, the Bill does not provide the appropriate home for it. It is concerned with the Judiciary and the additional functions they are being given courtesy of its new provisions. It is not...

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: It is a new provision.

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: No, the Bill has just been recommitted.

Seanad: Judicial Council Bill 2017: Report and Final Stages (20 Jun 2019)

Michael D'Arcy: This is a new provision which stems from a concern that there should be a person specifically tasked with putting as much preparatory work as possible in train pending the establishment of the Judicial Council. When new bodies are established, much of the vital administrative work often takes place in advance of their establishment. This is specifically contemplated by section 17 of the...