Results 4,701-4,720 of 5,294 for speaker:Michael McCarthy

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Michael McCarthy: The Minister of State has described the Minister for Finance as Accounting Officer but one must observe that there was little accounting done with regard to Punchestown, for example. I do not wish to divert from the matter at hand but where was the accountability in that instance? There was a clear neglect of proper accounting procedures.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Michael McCarthy: I accept the Leas-Chathaoirleach's ruling. The decision on the allocation of funds will be taken by the Department of Finance and that decision will be based on economic considerations. It will not focus on welfare and education, which is clearly the concern of this legislation but rather on the resources available to the Department of Education and Science and how much of those resources it...

Seanad: Residential Tenancies Bill 2003: Committee Stage (Resumed). (6 Jul 2004)

Michael McCarthy: A report on the judgment of the European Court of Human Rights states: The Court reiterates its findings stated in various previous judgments that "differences based on sexual orientation require particularly serious reasons by way of justification". In the Karner case, the justification for the provision made by the Austrian Government was that the aim was to protect the traditional family...

Seanad: Residential Tenancies Bill 2003: Committee Stage (Resumed). (6 Jul 2004)

Michael McCarthy: I will not refer to any form of dressing up. I welcome the Minister of State's statement that work may be done in this area in the context of other legislation. In the past ten or 12 years, successive Governments have made considerable improvements in equality legislation. It would be a pity if, in the third millennium, our record in this area began to abate. While I can understand that this...

Seanad: Residential Tenancies Bill 2003: Committee Stage (Resumed). (6 Jul 2004)

Michael McCarthy: I move amendment No. 21: In page 79, lines 47 and 48, to delete subsection (4). Section 123 deals with the binding nature of determination orders. It is only in exceptional cases that an appeal to the Supreme Court would be appropriate but the Bill should make provision for such cases.

Seanad: Residential Tenancies Bill 2003: Committee Stage (Resumed). (6 Jul 2004)

Michael McCarthy: I move amendment No. 22: In page 81, subsection (4), line 13, to delete "respondent will be unable to pay the costs of the applicant" and substitute "applicant will be unable to pay the costs of the respondent". The provisions of subsection (4) reverse the entire law of security for costs. The latter is not a mechanism which can be used to oppress a defendant but rather a mechanism whereby a...

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: I support the sentiments expressed by both of my Opposition colleagues. It is important for the Government to lead the way in protecting the marginalised and vulnerable in society. We have recently seen in the Equality Act 2004 and the decision of the Minister for Social and Family Affairs on the spousal travel pass a pattern whereby the Government explicitly excludes same-sex couples. This...

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: In regard to my amendment No. 9, it is an excessive burden to require a tenant to compensate a landlord for his or her costs in deciding whether to agree to a subletting. I would appreciate if the Minister of State looked favourably on these amendments.

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: I accept what the Minister of State has said and on that basis I will withdraw my amendment.

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: I move amendment No. 16: In page 31, after line 43, to insert the following section: "(5) It shall not be lawful to take action for the primary purpose of avoiding the application of this part.". One of the important points pertaining to any legislation is that the very wide-ranging views heard during consultation, particularly in respect of an area such as that under discussion, be taken...

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: I reiterate the important point that we should take cognisance of the views of independent interest groups. They contribute enormously and if the wider interpretation of their views were enshrined in the legislation today, it would be a good day for all of us. On the basis of what the Minister of State said, I withdraw my amendment.

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: This issue arose from correspondence I received. I wish to bring the matter to the attention of the Minister of State because I know he accepted an amendment to this section in the Dáil. The conditions under which a person may inherit tenancy rights are clear. There is a clear indication that same sex couples are excluded. This continues a pattern of exclusion which was sponsored by the...

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: I move amendment No. 1: In page 15, line 33, after "on" to insert "the day of its passing save insofar as it involves a charge on public funds, in which case it shall to that extent come into operation on". The purpose of this amendment is to encourage the immediate enactment of the Bill. The reference to a charge on public funds is made to prevent the amendment being ruled out of order. I...

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: I appreciate the Minister of State's comments and, on that basis, I will withdraw the amendment. However, I would appreciate it if the Minister of State and his officials could take on board the spirit of the amendment to see whether immediate commencement can be enshrined in future Bills so far as that is practicable.

Seanad: Residential Tenancies Bill 2003: Committee Stage. (6 Jul 2004)

Michael McCarthy: I support Senator Bannon's amendment. I have seen some of the pig sties in which some landlords expect tenants to live. Some accommodation is simply not up to standard. Those houses do not comply with any form of building regulations, let alone any standards of comfort, and pose a real risk to people's health and safety. The amendment spells out clearly how it is proposed to address the...

Seanad: Order of Business. (6 Jul 2004)

Michael McCarthy: I do not want to name names but I wish to refer to the incident in Wexford where the use of Oireachtas envelopes before the election has become a source of major controversy. Rightly or wrongly, a perception has arisen in recent days that the envelopes in question emanated from a Member of this House. Senators need all the secretarial services provided to them to exercise their duties and...

Seanad: National Monuments (Amendment) Bill 2004: Second Stage. (1 Jul 2004)

Michael McCarthy: I wish to share time with Senator Ormonde. I agree with much of what has been said on this side of the House. The legislation is controversial in what it seeks to do because it goes far beyond what is required in this instance. We are well aware of the Carrickmines issue, which is a source of great pain to the many motorists who will benefit from the successful conclusion of that stretch of...

Seanad: National Monuments (Amendment) Bill 2004: Second Stage. (1 Jul 2004)

Michael McCarthy: This gave a huge sense of false hope to those vehemently opposed to the project. However, it shows how the various organs of the State can be used to suit different opinions in what is a long-running dispute. There have been many debates in the House on proper planning and the role of outside bodies, and we have complained about various outside interest groups. Irrespective of the extent of...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Michael McCarthy: I will not bother to give an overview of the debate which has gone on for almost eight hours. I thank the Minister for the manner in which he handled this legislation and acknowledge the work of his officials. It is a very technical and detailed Bill. Differences of opinion and debate are important. It is equally important that amendments put forward in good faith and seen to be constructive...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Michael McCarthy: I acknowledge the Minister of State's reply. I would like to speak about the consultation that may or may not take place between a county manager and the members of a local authority. If the decision is an executive one, it will be taken by the county manager irrespective of the views of members. This is particularly true of contentious issues, such as refuse collection services, which will...