Results 461-480 of 1,150 for speaker:Frank Fahey

Seanad: Parental Leave (Amendment) Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (10 May 2006)

Frank Fahey: Sons and daughters are already covered by the legislation. The purpose of this amendment is simply to include same sex couples. It is intended to ensure equality between same sex couples and heterosexual couples. This worthwhile amendment is in the interests of equality and is supported by the Government.

Seanad: Parental Leave (Amendment) Bill 2004 [Seanad Bill amended by the Dáil]: Report and Final Stages. (10 May 2006)

Frank Fahey: Amendment No. 3 is a textual amendment, which I accepted on Report Stage on the basis that it improves the text of the Bill by offering greater clarity in respect of the provision in question. Amendments Nos. 4 and 5 are textual amendments which I accepted on Committee Stage on the basis that they also improve the text of the Bill.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Report and Final Stages. (10 May 2006)

Frank Fahey: On Committee Stage, the Minister for Justice, Equality and Law Reform indicated that some aspects of the amendment merited inclusion. He asked Senators for time to consider the wording in conjunction with the Parliamentary Counsel and to consult the Garda authorities and the banks on the proposal's operational and practical implementation. The amendment would have the effect of broadening the...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Report and Final Stages. (10 May 2006)

Frank Fahey: On Committee Stage, the Minister indicated that he would revert to the Parliamentary Counsel on these amendments. Their purpose is to permit applications for account information and account monitoring orders for criminal investigations in the State or an EU member state, together with applications from EU member states for orders for freezing property or evidence to be made in private. A...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Report and Final Stages. (10 May 2006)

Frank Fahey: On Committee Stage, the Minister indicated it was unlikely he would be in a position to accept these amendments. He consulted the Attorney General on them. The effect of amendments Nos. 3 and 5 would be to delete the provision that an account information or account monitoring order made for criminal investigations in the State or an EU member state would be effective as if it were an order of...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Report and Final Stages. (10 May 2006)

Frank Fahey: Amendments Nos. 6 to 14, inclusive, relate to interception provisions. Amendments Nos. 7, 8 and 11 were raised by Senator Cummins and Senator Brian Hayes on Committee Stage. Amendments Nos. 7 and 11 would bring all documentation on notification of member states of interceptions or applications to member states for interceptions within the terms of the Interception of Postal Packets and...

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Frank Fahey: The Statute of the International Criminal Court deals with a specific range of offences detailed in the relevant articles of the statute. On the crime of aggression, Article 5(2) provides for the International Criminal Court to exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with Articles 121 and 123. This allows flexibility to the court in the...

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Frank Fahey: The definition has not been agreed by the UN and we cannot pre-empt it.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Frank Fahey: Section 6 contains a number of definitions, one of which relates to "war crimes". That definition is linked directly to the relevant article of the Rome Statute, that is, Article 8(2), and encompasses all the elements therein, except subparagraph (b)(xx), which have to be included by way of amendment under Articles 121 and 123. Unless and until such an inclusion by way of amendment is made by...

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Frank Fahey: It is not a question of attitude, being progressive or otherwise, as Deputy Ó Snodaigh is implying. His proposal is simply not allowed under the statute.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Frank Fahey: As I said in respect of amendment No. 9, given the definition is not agreed at the UN, we cannot simply pre-empt it.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Frank Fahey: I move amendment No. 12: In page 12, line 1, to delete "Subject to subsections (3) and (4), the" and substitute "The". Amendment No. 12 deletes "Subject to subsections (3) and (4), the" in respect of the repeal of the Genocide Act 1973. In response to Deputies' queries during the debate on Committee Stage, the Minister agreed it is unusual to have something repealed subject to a condition. He...

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Frank Fahey: If anyone commits an offence under the Genocide Act, it will be provided for under the Bill. One of the difficulties, and a reason for this peculiar situation, is that we must avoid the two items of legislation being identical. That could lead to confusion.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Frank Fahey: The two Acts would contain the same provisions and this is not possible.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Frank Fahey: In that instance, one Act is being consolidated by another. In this instance, however, each would be separate. The peculiar nature of this is based on the advice of the Chief Parliamentary Counsel, the technical expert whose advice I must follow.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Frank Fahey: It is not intended that Deputy Howlin be wiser after it.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Frank Fahey: To recap, section 7 Bill creates, inter alia, the domestic offence of genocide. Since the new offence of genocide is being created, there is no need for the old offence of genocide contained in the Genocide Act 1973, and consequently that provision is being repealed.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Frank Fahey: The Deputy's reading is incorrect. The convention is not given force of law by the 1973 Act. It is purely for reference purposes.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Frank Fahey: The repeal of the 1973 Act does not affect the standing of the Schedule. That is where the Deputy has misunderstood matters.

International Criminal Court Bill 2003: Report Stage. (9 May 2006)

Frank Fahey: The Schedule to the Act is for reference purposes. It gives no force of law to the convention.