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Seanad: Civil Registration Bill 2003 [Dáil]: Report and Final Stages. (24 Feb 2004)

Michael McCarthy: If this amendment is not accepted, the interpretation of section 13(1)(b) begins and ends with "the State". The Minister accepted a similar amendment in the Lower House and it basically renders the Government amendment redundant and nonsensical and will lead to bad law. It is the literal interpretation of section 13(1)(b) that is at issue. It is not so much the mechanics of the implications...

Seanad: Order of Business. (24 Feb 2004)

Michael McCarthy: Given that a historic two day international conference on the AIDS epidemic is taking place in Dublin Castle, it would be timely for this House to debate the issue. According to the United Nations, 1.5 million people infected with HIV will be brought to the doorstep of the European Union by virtue of the forthcoming accession. In the first half of 2002, the National Disease Surveillance...

Seanad: European Parliament Elections (Amendment) Bill 2003: Committee Stage. (19 Feb 2004)

Michael McCarthy: I have noted the Minister's reply to amendment No. 2 and I agree to withdraw it.

Seanad: European Parliament Elections (Amendment) Bill 2003: Committee Stage. (19 Feb 2004)

Michael McCarthy: I move amendment No. 3: In page 3, before section 2, to insert the following new section: 2.—Section 6 of the Act of 1997 is amended- (a) in subsections (1)(b) and (2) by the deletion of 'statutory declaration' and the substitution therefor of 'statement pursuant to this section'; (b) in subsection (2) by the deletion of 'said declaration' and the substitution therefor of 'said statement':...

Seanad: European Parliament Elections (Amendment) Bill 2003: Committee Stage. (19 Feb 2004)

Michael McCarthy: I move amendment No. 4: In paragraph (c), in page 4, to delete lines 39 to 47 and in page 5, to delete lines 1 to 18. It is totally illogical to ban the dual mandate for those who relinquished council seats last year while not leading by example and applying the same practice to Dáil Members who will be elected to the European Parliament in June, if that is the case. It is very convenient...

Seanad: European Parliament Elections (Amendment) Bill 2003: Committee Stage. (19 Feb 2004)

Michael McCarthy: We are all old enough.

Seanad: European Parliament Elections (Amendment) Bill 2003: Committee Stage. (19 Feb 2004)

Michael McCarthy: I am not aware of Fine Gael policy in this area. The leader of our group in this House gave a commitment when the issue was debated on Second Stage last week that he would resign his Seanad seat if elected to the European Parliament. That is the only implication for Oireachtas Members of our party contesting the European elections. On the direct elections in 1979, the whole project was so...

Seanad: European Parliament Elections (Amendment) Bill 2003: Committee Stage. (19 Feb 2004)

Michael McCarthy: That was an interesting history lesson from Senator Bannon. I support the amendment. The Minister of State will be more aware than many of us in this House that MEPs get very little publicity. In my opinion, if the European elections were not to be held in conjunction with the local elections, the turnout would be much lower than in general elections, even though that turnout is already very...

Seanad: European Parliament Elections (Amendment) Bill 2003: Committee Stage. (19 Feb 2004)

Michael McCarthy: I presume the Minister of State could accept the amendment if he wanted to and could rename the constituencies. The point was made about the independence of the boundary review commission but I wonder if all its decisions are unanimous. It was a good idea to remove political input from such decisions — we only need to go back to the infamous Tullymander which was supposed to favour the...

Seanad: European Parliament Elections (Amendment) Bill 2003: Committee Stage. (19 Feb 2004)

Michael McCarthy: Political analysts and politicians did not see what was coming and the scale of it. It was important that politicians were removed from the equation because all Governments would act to strengthen their own position and weaken that of the Opposition. The commission's independence is important. It is, however, also important to remember that the commission should be aware of the distance...

Seanad: European Parliament Elections (Amendment) Bill 2003: Committee Stage. (19 Feb 2004)

Michael McCarthy: I support the salient point made by Senator Hayes. This amendment has been well thought out. There have been times when candidates benefited from the order in which their names were placed on the ballot paper. I know of a candidate whose surname begins with the letters O'C and who, for the purposes of positioning on the ballot paper at election time, drops the letter O. That same person would...

Seanad: European Parliament Elections (Amendment) Bill 2003: Committee Stage. (19 Feb 2004)

Michael McCarthy: Senator Brennan has occupied a high position on the ballot paper for many years. Perhaps his contribution would differ if his name was Senator Vaughan.

Seanad: European Parliament Elections (Amendment) Bill 2003: Committee Stage. (19 Feb 2004)

Michael McCarthy: That depends on which machine is used.

Seanad: European Parliament Elections (Amendment) Bill 2003: Committee Stage. (19 Feb 2004)

Michael McCarthy: I move amendment No. 2: In page 3, before section 2, to insert the following new section: 2.—Section 48 of the Electoral (Amendment) Act 2001 shall not apply to European Parliament elections held in the year 2004.". Section 48 of the Electoral (Amendment) Act 2001 allows the Minister to apply, by order, electronic voting to European elections. The Minister is provided with the power to...

Seanad: European Parliament Elections (Amendment) Bill 2003: Committee Stage. (19 Feb 2004)

Michael McCarthy: Regarding the amendment tabled by Senator Bannon, we had a very good debate on electronic voting in this House last week. However, the Minister's period of reply was just 15 minutes, and if he were here for 15 hours he might not have answered all the questions put to him. The famous 41 questions came from the Joint Committee on Environment and Local Government, and were put to the Minister...

Seanad: European Parliament Elections (Amendment) Bill 2003: Committee Stage. (19 Feb 2004)

Michael McCarthy: We must look at systems used internationally and at countries where these machines are in operation. We have a unique situation in this country. The UK, for example, does not have multi-seat constituencies, nor does it use PR, other than for European elections. Senator Brennan also raised a good point on the issue of duplication. I do not think the secrecy of the ballot will be spoiled. A...

Seanad: Civil Registration Bill 2003: Committee Stage (Resumed). (18 Feb 2004)

Michael McCarthy: I move amendment No. 44: In page 53, subsection (3), line 19, after "oath" to insert "or affirmation". I am interested to hear the Minister's reply to this amendment which refers to affirmation. I will respond having heard the Minister's reply lest she would think I do not know what the amendment is about.

Seanad: Civil Registration Bill 2003: Committee Stage (Resumed). (18 Feb 2004)

Michael McCarthy: The Oaths Act 1888 which allows affirmation applies to administrative matters relating to proceedings. The Minister stated she had received advice on this from the Office of the Parliamentary Counsel. Did she obtain advice on it from the Attorney General's office? How does it impact in terms of the Oaths Act 1888?

Seanad: Civil Registration Bill 2003: Committee Stage (Resumed). (18 Feb 2004)

Michael McCarthy: I accept that the Minister has received advice to the contrary but no one has explained how the Oaths Act 1888, which may only apply to legal proceedings, applies to administrative matters.

Seanad: Civil Registration Bill 2003: Committee Stage (Resumed). (18 Feb 2004)

Michael McCarthy: There is an issue here in terms of administrative matters as opposed to legal proceedings. In any event, I thank the Minister for her reply and I will withdraw the amendment. However, this matter needs to be considered, particularly in terms of future legislation, because it is clear that there is an issue in respect of the interpretation of affirmation via the Oaths Act 1888. I did not...

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