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Seanad: Defamation Bill 2006: Committee Stage (Resumed) (28 Feb 2007)

Joanna Tuffy: I move amendment No. 9: In page 18, between lines 8 and 9, to insert the following subsection: "(2) The court may regard an apology as effecting a substantial mitigation of damage if, but only if, it is made within 14 days of complaint being made in respect of the utterance to which the apology relates, and if the defendant's proposals for publication of the apology are reasonable."....

Seanad: Order of Business (27 Feb 2007)

Joanna Tuffy: Some weeks ago I asked for a debate on affordable housing and what constitutes an affordable house. When it was announced by the Government around 1998, the original idea was that affordable housing could be bought at a cost approximating the expense of its construction. My local council has sold such houses for about 60% of the market value but more recently affordable housing is 70% or...

Seanad: Order of Business (27 Feb 2007)

Joanna Tuffy: Who can now apply for affordable housing? Some weeks ago, the affordable homes partnership advertised 500 housing units which it bought on the open market, being offered to buyers now as so-called affordable homes. The minimum income which must be earned to apply for any of those 500 houses is €45,000. I looked up the salary scales for teachers, nurses and gardaí, and a person would have...

Seanad: Order of Business (27 Feb 2007)

Joanna Tuffy: Affordable housing has become the new brown envelope. Developers get land rezoned and maintain the speculative approach to the housing market and land prices. We need to revert to what the Taoiseach said, namely, that he would do something about the price of land. He requested the Joint Committee on the Constitution, of which I am a member, to do a substantial report on that matter, but...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Joanna Tuffy: I move amendment No. 2: In page 10, line 10, to delete ", in particular,". As the provision stands, the use of the term "in particular" makes it unduly restrictive. For example, if it were claimed that all the Ministers for Justice in recent years were guilty of crime X, the term "in particular" restricts the grounds where one could say that one was defamed.

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Joanna Tuffy: The formula "could be reasonably understood to refer to the member concerned" covers the Minister's argument. Does the wording pitch it in such a way that it refers to the person more than anyone else? All the time people claim all politicians are corrupt. I believe the reasonableness test is already contained in the wording without the need for the words "in particular".

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Joanna Tuffy: The issue of financial loss is not key to this. If one allows that a body corporate can be defamed, one must also allow all the provisions of this Bill to apply to it, including apologies and so on. This section merely sets out that a body corporate can be defamed and that the body corporate does not have to prove financial loss to take advantage of the other provisions of the Bill. That...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Joanna Tuffy: I move amendment No. 1: In page 7, subsection (4)(b), line 24, after "person" to insert the following: "or the publication to the second-mentioned person was in the course of the performance of duties of a secretarial nature by the second-mentioned person (being a person whose relationship if any to the first-mentioned person is primarily based on contract) and there were no reasonable...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Joanna Tuffy: The purpose of this amendment is to make clear that where A sends a letter to B, which is read by A's typist, and B's secretary, there is no publication in law, unless there is a special injury, for example, if B's secretary is also B's wife and the letter makes a defamatory allegation against B. If, for example, one wrote to a county manager, criticising him one should be sure one was not...

Seanad: Defamation Bill 2006: Committee Stage (20 Feb 2007)

Joanna Tuffy: I appreciate the Minister's comments. Is he satisfied, however, from a legal point of view — rather than one of experience — that the type of situation outlined is covered in law?

Seanad: Defence (Amendment) (No. 2) Bill 2006: Report and Final Stages (13 Feb 2007)

Joanna Tuffy: I move amendment No. 1: In page 46, line 15, after "his" to insert "or her". This amendment seeks to include both genders in the Bill. The Minister for Defence, Deputy O'Dea, said previously that he was advised by the parliamentary draftspeople to leave the wording as it is in the parent Bill. This amendment will not impact on the parent Bill. The parent Bill could have a reference to the...

Seanad: Defence (Amendment) (No. 2) Bill 2006: Report and Final Stages (13 Feb 2007)

Joanna Tuffy: Is the Minister considering introducing a consolidated Act at a stage? This is not a huge issue but should be seen in light of the fact that the Minister wishes to recruit more women to the Army. A change in legislation might be worthwhile in this regard.

Seanad: Defence (Amendment) (No. 2) Bill 2006: Report and Final Stages (13 Feb 2007)

Joanna Tuffy: I move amendment No. 2: In page 62, line 29, after "committed" to insert the following: ", or, where such person is incapacitated or deceased, on the application of a person who is the spouse or relative of such person". We tabled this amendment on Committee Stage and would like to know if the Minister has had further thoughts on the issue.

Seanad: Defence (Amendment) (No. 2) Bill 2006: Report and Final Stages (13 Feb 2007)

Joanna Tuffy: I thank the Minister and his staff. Like Senator Brian Hayes, I, too, appreciate that some of the Opposition's amendments were accepted on Committee Stage. The Minister has said he will examine further some of the issues we raised, which is also very much appreciated.

Seanad: Order of Business (13 Feb 2007)

Joanna Tuffy: I understand that Senator Brian Hayes has already spoken about a subject that I would like to raise. I thank him if he did so. I heard something about it when I was running to the Chamber, but I am not sure if I have got it exactly right. I would like to ask for a debate on taxation. There is a need for a change in the Government's taxation policy, which in recent years has benefited the...

Seanad: Order of Business (13 Feb 2007)

Joanna Tuffy: ——with the cuts in the top rate of tax. The Labour Party proposes that the standard rate of tax would be cut when we are in Government and this would benefit lower and middle income people, which is the fairest way to approach taxation policy——

Seanad: Order of Business (13 Feb 2007)

Joanna Tuffy: ——especially in light of the raft of stealth taxes that have been brought in by this Government over the past few years. It is reported in today's The Irish Times that the TCD anti-bullying centre carried out a study on the level of bullying in primary schools, which is at 30%. There is a high rate of bullying against boys in primary schools in particular. One of the authors of the...

Seanad: Schools Building Projects (8 Feb 2007)

Joanna Tuffy: This is an important issue for the children, parents and staff of Gaelscoil na Camóige in Clondalkin, who have been seeking a permanent building for at least ten years. I look forward to hearing the Minister's response.

Seanad: Defence (Amendment) (No. 2) Bill 2006: Committee Stage (8 Feb 2007)

Joanna Tuffy: I move amendment No. 2: In page 16, line 21, after "by" to insert "or on behalf of". We tabled these amendments because the provision in section 18, which is based on the Prosecution of Offences Act, prohibits certain communications regarding pending prosecutions. We suggest that it be made slightly less restrictive by allowing contact on behalf of the persons concerned.

Seanad: Defence (Amendment) (No. 2) Bill 2006: Committee Stage (8 Feb 2007)

Joanna Tuffy: I move amendment No. 4: In page 41, line 39, after "of" to insert "and in the name of". This amendment seeks to clarify that the director will be named as the prosecutor in all proceedings at court martial. This is in contrast to the position relating to the Director of Public Prosecutions who prosecutes in the name of the people.

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