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Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I move amendment No. 20: In page 36, line 2, after "oath" to insert "or affirmation". This is a technical amendment. I propose it to improve the drafting of the Bill. My understanding is that the Oaths Act 1888 does recognise affirmation but that is only in legal terms. That is the reason for this technical amendment.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: Could the Minister confirm where he got that reassurance?

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I remind the Minister that Senator Henry raised an important point about different Christian denominations. What about a person who does not belong to any religious denomination?

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: If that is the advice the Minister has received, I accept it. However, surely it is not a bad thing that the parliamentary counsel should act on precedent. As Senator Henry has pointed out, it has happened in the past.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: No, but I hope we will return to that issue again. Amendment, by leave, withdrawn. Amendment No. 21 not moved.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I appreciate what the Minister says, but there is nothing to stop anyone from boarding a plane in the morning and not returning. In that instance, there is nothing in the legislation to bring them back and make them face up to their responsibilities.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I move amendment No. 32: In page 57, line 54, after "High Court" to insert "or Circuit Court". I propose to discuss amendments Nos. 32, 33 and 34 together as they are related.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: The amendment is fairly self-explanatory. The intention is to reduce legal costs and to give jurisdiction to the Circuit Court where there is unlicensed activity. I hope the Minister will recognise the purpose of the amendment.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I thank the Minister for his response. I hope he will see fit to accept the amendment on Report Stage because the High Court system is clogged up, expensive and arduous for anybody who wishes to pursue that channel. It is good to give the Circuit Court jurisdiction in this context. Amendment, by leave, withdrawn. Amendments Nos. 33 and 34 not moved. Question proposed: "That section 12 stand...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I move amendment No. 39: In page 62, to delete lines 29 to 33. This part of the Bill proposes to reverse the Supreme Court decision in a case taken by a high profile member of Cork City Council, the judgment on which ruled that the local authority, irrespective of payment, had to collect waste. The amendment is clear in the sense that we, on this side of the House, are opposed to this. If the...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I ask the Minister to consider that some counties are so cash strapped because of benchmarking that they will not operate the waiver system to the extent some expect. There will be cases where the waiver system will not meet the needs of some. That was the section that inspired the amendment.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: No denial.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: Rarer again.

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: I move amendment No. 41: In page 73, line 14, to delete "may" and substitute "shall". This stronger wording would give a stronger footing to the waiver system which is more important now than ever. People will find it difficult to pay service charges. In Cork they have gone up by 108% to €390. The waste management strategies of some counties are light years behind and the appropriate...

Seanad: Protection of the Environment Bill 2003: Committee Stage. (25 Feb 2003)

Michael McCarthy: There has been an increase of 108% in Cork. No one could have foreseen in the 1990s that charges would be so high today. I accept that charges were lower then because we had not got our act together in the waste management area. If the amendment is not accepted, there will be applications for waivers from those on low incomes who are not recipients of social welfare. Given the discretion of...

Seanad: Order of Business. (19 Feb 2003)

Michael McCarthy: Senator O'Rourke is paid more as Leader of the House.

Seanad: Cancer Screening Programme: Motion. (19 Feb 2003)

Michael McCarthy: I second the motion. It is sad when the Upper House of the national Parliament has to debate an issue of this magnitude. The failure to extend the BreastCheck service nationwide, as per the commitments given at different stages by various Ministers, is a shocking indictment of how money is being expended by the Government. I am not being flippant about expenditure in essential areas, but the...

Seanad: Cancer Screening Programme: Motion. (19 Feb 2003)

Michael McCarthy: It was also contained in the Progressive Democrats manifesto, just in case the Minister cannot find it in his own. It has probably been put in the bin at this stage.

Seanad: Order of Business. (13 Feb 2003)

Michael McCarthy: Will the Leader invite the former Attorney General, president of the Progressive Democrats and Minister for Justice, Equality and Law Reform, Deputy McDowell, to the House to inform us when he intends recruiting the 2,000 gardaí promised in the programme for Government? Numerous calls have been made in the House, not least by Senator Terry, for a debate on the frightening increase in crime...

Seanad: Order of Business. (13 Feb 2003)

Michael McCarthy: Will people be reimbursed?

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