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Seanad: Order of Business (Resumed) (21 Feb 2007)

Michael McCarthy: Senator Norris is a politician.

Seanad: Communications Regulation (Amendment) Bill 2007: Committee Stage (20 Feb 2007)

Michael McCarthy: I move amendment No. 26: In page 48, in the third column, between lines 19 and 20, to insert the following: "(2) In this section a message sent by electronic mail or text message is deemed to be sent by telephone.". This is an important section as it concerns the offence of making abusive telephone calls. It will be essential to provide clear language to ensure e-mails and texts are covered....

Seanad: Communications Regulation (Amendment) Bill 2007: Committee Stage (20 Feb 2007)

Michael McCarthy: I understand the Minister's point but the issue of cyber bullying is of major concern to all of us. I reserve the right to revisit this issue on Report Stage with a view to finding agreement.

Seanad: Communications Regulation (Amendment) Bill 2007: Committee Stage (20 Feb 2007)

Michael McCarthy: I move amendment No. 1: In page 9, subsection (3), line 37, to delete "rule-making" and substitute "instrument-making". This is designed to improve the drafting of the Bill.

Seanad: Communications Regulation (Amendment) Bill 2007: Committee Stage (20 Feb 2007)

Michael McCarthy: I move amendment No. 2: In page 14, line 39, to delete "repealing" and substitute "deleting". It is not good drafting procedure to state the section is amended by repealing a subsection. Either section 26(8) should be repealed or our amendment should be accepted.

Seanad: Communications Regulation (Amendment) Bill 2007: Committee Stage (20 Feb 2007)

Michael McCarthy: Given the Minister's reply, his commitment to examine it and the opportunity to revisit this matter in the Dáil, I withdraw my amendment.

Seanad: Communications Regulation (Amendment) Bill 2007: Committee Stage (20 Feb 2007)

Michael McCarthy: I move amendment No. 3: In page 20, line 35, to delete "repeatedly". There is no good reason to limit the protection for the consumer by requiring that only repeated breaches can be the subject of a complaint to the High Court.

Seanad: Communications Regulation (Amendment) Bill 2007: Committee Stage (20 Feb 2007)

Michael McCarthy: I move amendment No. 7: In page 22, to delete lines 11 and 12. My party has concerns about this section. The basis by which the Minister can designate serious offences by regulation is not correct. As the fundamental unit of democracy it is the Houses of the Oireachtas that decide the powers of the Minister. It is fair if the Minister assumes these powers by resolution of both Houses. As...

Seanad: Communications Regulation (Amendment) Bill 2007: Committee Stage (20 Feb 2007)

Michael McCarthy: I do not wish to labour this point, no pun intended, but we tabled this amendment because we do not believe regulation is a suitable way to deal with the types of serious offences mentioned. In other sections of the Bill the Minister wants to give himself the power to create offences incurring fines of up to €4 million. The rejection of the Nice treaty in the first referendum was an...

Seanad: Communications Regulation (Amendment) Bill 2007: Committee Stage (20 Feb 2007)

Michael McCarthy: The Minister is insisting on his position. We may consider tabling this amendment again on Report Stage. The present law under the European Communities Act 1972 requires approval by the Oireachtas in the form of primary legislation of all proposals to create indictable offences in terms of implementing European law. My point on democratic accountability and scrutiny was about perception....

Seanad: Communications Regulation (Amendment) Bill 2007: Committee Stage (20 Feb 2007)

Michael McCarthy: I move amendment No. 18: In page 24, line 39, to delete "or any part". We are somewhat concerned that the power to give a jury only part of the evidence is dangerous. We are of the view that there is a danger of tipping the scales of justice by selective choice of evidence. My expert parliamentary back-up team and I — he holds a BL, I do not — spent nights perusing this section. I ask...

Seanad: Communications Regulation (Amendment) Bill 2007: Committee Stage (20 Feb 2007)

Michael McCarthy: I thank the Minister for his reply. I appreciate his point and I will withdraw the amendment.

Seanad: Communications Regulation (Amendment) Bill 2007: Committee Stage (20 Feb 2007)

Michael McCarthy: I move amendment No. 19: In page 37, line 46, to delete "under" and substitute "in accordance with". The term "in accordance with the regulations" is used in the new section 32(2) being inserted into the principal Act. The amendment would ensure the language used in the new section 32(5) will tie in with this.

Seanad: Order of Business (20 Feb 2007)

Michael McCarthy: I thank the Leader. We will re-introduce the first-time buyer's grant later this year.

Seanad: Order of Business (20 Feb 2007)

Michael McCarthy: Says the member of An Taisce.

Seanad: Order of Business (20 Feb 2007)

Michael McCarthy: The Government has instructed the board of Cork Airport to pay €100 million towards the costs of the construction of the new terminal there. Four years ago, the then Minister for Transport, Deputy Brennan, gave an unambiguous commitment to the both Houses of the Oireachtas and the people of the greater Cork region that once Aer Rianta was broken up and the airports were given autonomy, the...

Seanad: Order of Business (20 Feb 2007)

Michael McCarthy: The airports were told that in supporting the initiative to break up Aer Rianta, they would not have to bear the costs. The situation is now the opposite. Since the Cabinet reshuffle, the current Minister for Transport, Deputy Cullen, has been silent on the matter and then, out of the blue, this demand is made by the Taoiseach. Regarding the stamp duty issue as raised at the Progressive...

Seanad: Order of Business (20 Feb 2007)

Michael McCarthy: When Fianna Fáil need the PDs.

Seanad: Order of Business (6 Feb 2007)

Michael McCarthy: He said it is endemic in every hospital in the country.

Seanad: Order of Business (6 Feb 2007)

Michael McCarthy: I agree with Senator Brian Hayes on the issue of MRSA infection. Reports in today's media relate that the consultant microbiologist to whom Senator Hayes referred claims that 30% of people now carry the MRSA bacteria but that it is a hospital-acquired infection. It is clear that adequate steps are not being taken to ensure people do not contract this deadly virus and die as a result....

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