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Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I have tabled an amendment that would have a similar effect. I raised this issue some years ago in the Seanad and again on Committee Stage of the Bill. I argued the point on Committee Stage and I am glad the Minister has accepted my point and has inserted an amendment to deal with the issue that I raise in amendment No. 26. This shows how helpful it is to debate amendments. We put down...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I support the points made by Deputy Flanagan. I agree with the Minister that the proposed amendment has a good deal of merit. However, it is also a recognition by the Government that there will be many more of these types of cases, with growing numbers of people facing repossession of their homes. This is one of the most serious consequences of the rise in unemployment numbers, with an...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I thank the Minister for taking on board the issue I raised. He obviously accepted the point we made about the constitutional problem which would arise without this amendment being made. That is welcome. Was that the Minister's reasoning? Was he trying to deal with the constitutional issue?

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I welcome that and will withdraw amendment No. 2 on that basis.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I move amendment No. 5: In page 21, between lines 23 and 24, to insert the following: "(3) In so far as they survive, titles of honour or dignity arising from feudal baronies and manorial lordships are abolished. (4) If after the commencement of this section a person purports to sell or offer for sale a title of honour or dignity abolished by subsection (3), he or she shall be guilty of an...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: Does the Attorney General propose to deal with this by way of legislation? Rather than putting it on the long finger, there was an opportunity with this legislation to deal with it fairly speedily. If it is not included in this legislation, will it be put on the long finger?

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I move amendment No. 6: In page 21, between lines 23 and 24, to insert the following: "(3) Subject to this Act a fee simple shall be freely alienable by the owner thereof.". On Committee Stage, the Minister said he would examine this amendment. While section 9(2) does not rule against inalienability, the rule itself is contained in an Act repealed by section 8(3), thus the rule is not stated...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I move amendment No. 9: In page 22, line 23, after "time" to insert "(whether specified or unspecified)". On Committee Stage, the Minister stated a tenancy at will is specifically excluded from the definition of tenancy in section 11(3) which we believe is not correct. Section 11(3) allows for a leasehold estate for an uncertain term which would seem to include a tenancy at will. In any...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: They are both related.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I move amendment No. 10: In page 24, between lines 15 and 16, to insert the following: "(4) Where on the commencement of this section, or on a person becoming entitled to a fee tail after such commencement, another person's estate or interest in land is extinguished by virtue of subsection (3), the second-mentioned person may apply to the court within 12 years of such extinguishment for an...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: At least the Minister has looked into this and I will accept his assurances on it.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I move amendment No. 11: In page 24, line 36, to delete "is void both at law and in equity" and substitute the following: "shall be deemed to be a grant of a lease for an uncertain period liable to termination by reasonable notice by either party, for the purposes of section 11(3) (c)". The Bill prohibits leases for lives but by stating they are void, it gives them no effect whatsoever. This...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I thank the Minister for amendment No. 17. He deals with an issue I raised when I was a Senator when we were discussing this Bill. I also raised it on Committee Stage. I made the point that while various remedies were available to the building owner, if he or she did not put right the damage there was only a provision whereby the adjoining owner could get costs through the courts. He or...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: It is important that the issue I was raising to the effect that the adjoining owner should be able to look to the court for the building owner to undo the damage, has been dealt with by the Minister. I am happy enough with that, so I intend to withdraw amendment No. 18. Unless I am mistaken I do not believe the Minister has dealt with the issue raised by amendment No. 19 in his amendment,...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Joanna Tuffy: I accept what the Minister is saying and I withdraw amendment No. 19. On another point, there is still the issue of trying to get people to mediate such issues. The best place to deal with these issues is not necessarily in the courts. I hope that down the line, the Minister will look at the whole area of alternative dispute resolution for issues such as this.

Written Answers — Statutory Levies: Statutory Levies (30 Jun 2009)

Joanna Tuffy: Question 73: To ask the Minister for Agriculture, Fisheries and Food if he will provide a list of the statutory levies collected from farmers and the agri-food sector; the amount collected; the basis for the continued collection of these levies; and if he will make a statement on the matter. [26079/09]

Written Answers — Dairy Industry: Dairy Industry (30 Jun 2009)

Joanna Tuffy: Question 98: To ask the Minister for Agriculture, Fisheries and Food if, in view of the collapse in the dairy markets, the deregulation of the dairy sector should be reassessed; and if he will make a statement on the matter. [26080/09]

Written Answers — Work Placement Programme: Work Placement Programme (30 Jun 2009)

Joanna Tuffy: Question 121: To ask the Tánaiste and Minister for Enterprise, Trade and Employment if her attention has been drawn to a submission made to FÁS by the City and County Managers Association for local authorities to provide employment for the unemployed people on work placement schemes; if this submission is being considered at present by FÁS and by her; and if she will make a statement on...

Written Answers — Mental Health Services: Mental Health Services (30 Jun 2009)

Joanna Tuffy: Question 238: To ask the Minister for Health and Children the plans to relocate the Central Mental Hospital from Dundrum to Portrane; the stage the plans are at; if Fingal County Council and local residents will be consulted at the outset before the plans are progressed further; and if she will make a statement on the matter. [26229/09]

Written Answers — Liquor Licencing Laws: Liquor Licencing Laws (30 Jun 2009)

Joanna Tuffy: Question 312: To ask the Minister for Justice, Equality and Law Reform the position regarding legislation and regulations governing deliveries of alcohol to private houses at night-time; if there are restrictions on same; his plans to amend this legislation; and if he will make a statement on the matter. [26276/09]

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