Results 5,501-5,520 of 19,162 for speaker:Alan Shatter

Written Answers — Department of Justice and Equality: Asylum Applications (23 May 2013)

Alan Shatter: I am advised by the Irish Naturalisation and Immigration Service that judicial review proceedings were instituted in the High Court challenging the refusal of subsidiary protection and the making of a Deportation Order in relation to the person concerned on 11 August 2011. Until all court related matters have been dealt with I do not propose to comment further on the case. I should remind...

Written Answers — Department of Defence: Pension Provisions (23 May 2013)

Alan Shatter: There are no surviving veterans of the War of Independence in receipt of a military service pension from my Department. The last such veteran died in 2006. However, monthly pensions are currently being paid to a total of 181 spouses of deceased veterans.

Written Answers — Department of Defence: Defence Forces Reserve Issues (23 May 2013)

Alan Shatter: The Reserve Defence Force Centre in Kells was recently closed as part of the ongoing reorganisation of the Reserve. In order to ensure the safety and security of the plaques they were removed following the closure of the property. It is intended to re-locate the plaque commemorating deceased members of the Kells Unit to a secure location.

Written Answers — Department of Defence: Naval Service Vessels (23 May 2013)

Alan Shatter: The issue of the naming of the two new Naval Service ships is under active consideration and a decision on the matter will be made shortly.

Written Answers — Department of Defence: Army Barracks Closures (23 May 2013)

Alan Shatter: Under the re-organisation programme for the Reserve Defence Force (RDF) this property closed on 5th March 2013. My Department has written to each Government Department, various agencies and local authorities seeking expressions of interest in acquiring any of the former RDF properties including the Sluagh Hall in Swords to benefit the local community as a whole but with particular emphasis on...

Written Answers — Department of Defence: Departmental Legal Costs (23 May 2013)

Alan Shatter: The main requirement for legal services in my Department is in the context of litigation, usually in the form of judicial review and personal injury proceedings. The Chief State Solicitor’s Office and the State Claims Agency manage and provide legal representation in relation to all cases taken against the Minister for Defence. The Chief State Solicitor’s Office is...

Seanad: Criminal Justice (Unlicensed Money-Lending) Bill 2013: Second Stage (22 May 2013)

Alan Shatter: I would like, at the outset, to express my appreciation to Senator MacSharry for publishing the Criminal Justice (Unlicensed Money-Lending) Bill 2013. The Senator has, through this Bill, put on the agenda once more the important issue of illegal moneylending. Responsibility for legislation on the regulation of moneylending and the prohibition of illegal moneylending lies with the Ministers...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: In amendment No. 13, Deputy Mac Lochlainn is effectively turning all mortgages into non-recourse mortgages. I made the point that this could produce strategic default. When people entered into the mortgages they were not non-recourse mortgages. One cannot, through legislation, turn every mortgage in the State into a non-recourse mortgage. That is the implication of what the Deputy is...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: I move amendment No. 15: In page 5, line 20, to delete “the Minister” and substitute “the Minister for Justice and Equality”.This is a technical amendment to ensure the commencement provision in section 3 can be exercised by the Minister for Justice and Equality.

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: I thought we were just dealing with section 2. Am I right or wrong in that?

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: May I make one comment on section 2 as I wish to bring the following to the attention of members? In relation to section 2, it has been brought to my attention in recent days that it may be necessary on Report Stage to amend section 2(1) to supplement the reference to the Family Home Protection Act 1976 with a reference to the Civil Partnershipand Certain Rights and Obligations of...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: I cannot add to what I have said other than that Deputy Donnelly has misunderstood. I do not want to open this unnecessarily because the purpose of the adjournment is to allow people to see if they can enter a PIA. If there has been a process that has not worked, unless there is something about that process, people are unlikely to revisit it. If there is something about that process that...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: I move amendment No. 6: In page 5, between lines 1 and 2, to insert the following:“(5) Where the court adjourns proceedings under this section, the court may, where it considers it appropriate to do so, direct that the proceedings stand adjourned to another venue within the same circuit of the Circuit Court.”.I have tabled this amendment to address a possible shortcoming in the...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: I thank Deputy Mac Lochlainn for tabling this amendment. This was an issue on which we had some exchanges on Second Stage. I fully appreciate the intention behind the amendment. All repossession cases relating to housing loan mortgages created after 1 December 2009 must, under section 101(4) of the Land and Conveyancing Law Reform Act 2009, be commenced in the Circuit Court. There is a...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: We are agreed on the objective. We just want to do it the correct way.

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: The purpose of section 2 is to provide that the court may adjourn proceedings to allow personal insolvency arrangements to be considered where none had been attempted. It is not intended to deal with the outcomes of repossession hearings, which is an entirely different issue. Amendment No. 11 refers to situations where there are tenancy agreements in place and seeks to invest the court with...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: I will deal with the amendments in reverse order. The amendment Deputy Mac Lochlainn tabled is quite simple. The proposed section 3(a) is covered effectively in 2(3)(d) in regard to the conduct of a party to the mortgage in any attempt to find a resolution to deal with the matter. Regarding the proposed section 3(c), there is not an appeals system for a rejected personal insolvency...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: A personal insolvency arrangement shall not require that the debtor dispose of his or her interests in the debtor’s principal private residence or cease to occupy such residence, lest the provisions of section 104(3) apply. If one takes the first principle, which involves a rental property, a family home and a proposal for a PIA, one will have to work out a proposal where it is a...

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: They are being taken together.

Select Committee on Justice, Defence and Equality: Land and Conveyancing Law Reform Bill 2013: Committee Stage (22 May 2013)

Alan Shatter: I will take each amendment as it arose. On proposed amendments Nos. 4, 5 and 10, I consider these requirements already to be adequately covered in section 2(3), which provides that the court "shall have regard to such matters as it considers appropriate". The Deputies might note this point in particular because the provision continues by stating "and in particular shall have regard to the...