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Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 86: In page 58, line 30, to delete ""'exempt" and substitute the following: ""'charitable organisation' means a charitable organisation— (a) registered in the register established and maintained under section 38 of the Charities Act 2008, or (b) deemed to be registered in the register in accordance with section 39 of that Act; 'exempt".

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 87: In page 59, line 20, to delete "sections 5 and 6" and substitute the following: "sections 5, 6 and 6A (inserted by section 82(e) of the Charities Act 2008)". This is essentially a technical amendment and provides for non-cash collections and related matters. The original reference to sections 5 and 6 is incorrect. On foot of legal advice it is proposed to substitute...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 88: In page 59, to delete lines 31 to 41. The Bill brings non-cash collections within the scope of the collection permit system for the first time. Until now, the system had only applied to cash collections given that the legislation was introduced in 1962. When combined with a number of other changes to the permit regime proposed here, this amendment will provide...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 89: In page 60, line 13, to delete "6 months" and substitute "12 months". This applies to section 82, which provides that it should be a condition of the permit that the permit-holder shall notify the chief superintendent in writing of the proposal to hold a non-cash collection not earlier than 12 months before the date of the proposed collection, as opposed to six months...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: It is to facilitate charities. They do not have to apply 12 months in advance but this assists a charity looking for certainty. At present, one can only apply in the last six months and we propose to extend that period. A charity could organise in the summer for an event to take place next Easter. This gives charities a better chance to plan.

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: We are always misconstrued on this side of the House.

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: Up to 12 months.

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I thank the Deputies for their comments. Amendment No. 90 proposes to give the chief superintendent more discretion in issuing permits. Amendment No. 91 aims to allow the chief superintendent to refuse a permit where he is of the view that the collection is likely to be undertaken in an inappropriate manner. As regards this amendment, I will bring forward amendments to give the chief...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 92: In page 61, to delete lines 6 to 15 and substitute the following: "(4) Where, before the receipt of a notification under subsection (3), a collection permit has been granted to a person authorising him to hold a collection in the same locality or place and on the same date as the locality or place and date to which that notification relates, the Chief Superintendent...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 93: In page 62, to delete lines 1 to 44.

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 94: In page 63, to delete lines 6 and 7 and substitute the following: "83.—(1) Section 18 of the Act of 1962 is amended by— (a) the substitution of the following subsection for subsection (1):". Amendment No. 94 is purely a drafting amendment proposed on the advice of the office of the Attorney General on duties of collectors. Amendment No. 96 clarifies that the...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I knew the Deputy would.

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I thank the Deputy for formally raising this matter on this Stage. It is a new issue and one with which we did not deal on previous Stages. I am as familiar as anyone else with those charities where one pays a certain amount and the cash collector has to give one change; perhaps sometimes it would be better if they kept all the money given. I take the specific point the Deputy made about...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: We have not examined it legally because it has only come to our attention very recently. We will examine it from a legal perspective and what amendments or changes can be made to accommodate those charities that need to give change to their cash collectors.

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 22: In page 13, between lines 3 and 4, to insert the following: "8.—This Act shall not apply to a trust the only property of which consists of— (a) shares in a qualifying company established for the purposes of section 110 of the Taxes Consolidation Act 1997, (b) shares in a company whose business consists solely of the leasing of plant and machinery, or (c) dividends...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: Securitisation involves an institution, such as a bank, selling non-liquid pools of assets such as mortgages or loans so as to create space on its balance sheet for new loans. In a traditional securitisation transaction, an institution sells the assets to another company called a special purpose vehicle, SPV, which has been set up specifically to facilitate the transaction and which is...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 23: In page 13, line 27, to delete "5" and substitute "10". This amendment arises from consultations with the Garda Síochána in the context of increases in the penalties and pertains to the maximum terms of imprisonment on conviction for an offence under legislation serving as a greater deterrent, especially for serious breaches. My Department has reflected on this...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: One must realise the charities industry is very substantial. As a nation, we give a great deal of money to charities, as does the State. In particular, we are ensuring there is an appropriate penalty for serious fraud or embezzlement. It does not simply pertain to issues such as the percentage given in or whatever but to how a charity might be structured or run fraudulently or corruptly....

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I will return to the specific issue raised by the Deputy because it was a source of a great deal of concern on both Second and Committee Stages. While this issue will be addressed, the provision under discussion has a wider application. As many of the so-called charities involved are not and will not be registered, they will be dealt with in a somewhat different manner and Members will come...

Charities Bill 2007: Report Stage (Resumed). (5 Nov 2008)

John Curran: I move amendment No. 24: In page 13, to delete lines 45 to 48. I am advised this reference no longer is required since the enactment of section 177 of the Criminal Justice Act 2006.

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