Results 6,381-6,400 of 7,652 for speaker:Joanna Tuffy

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Joanna Tuffy: I move amendment No. 53: In page 22, subsection (1)(a), line 35, to delete "2000 and 2006" and substitute "2000 to 2006".

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Joanna Tuffy: I move amendment No. 54: In page 22, subsection (1)(b)(iii), line 41, to delete "2000 and 2006" and substitute "2000 to 2006".

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Joanna Tuffy: I move amendment No. 55: In page 23, between lines 32 and 33 to insert the following subsection: "(2) Where immediately before the commencement of this section a person held office as Inspector of Prisons, he or she shall become and be the first Inspector of Prisons pursuant to this section upon such commencement.". The purpose of this amendment is to provide continuity with the existing...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Joanna Tuffy: On a point of clarification, when the legislation is commenced, does that mean the present holder of the office is then the statutory inspector?

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Joanna Tuffy: I move amendment No. 69: In page 26, subsection (9), line 35, after "law" to insert "or order of any court". The amendment goes somewhat further than the provision in the Bill, as it stands. It seeks to make it clear that the accused will be deemed to be present for the purpose of any court order. If a person obtains bail in the High Court, which remands him or her to appear before the...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Joanna Tuffy: The purpose of our amendment is to harmonise the terminology because the term used in the definition in section 11 is "prison discipline" and not "disciplines".

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Joanna Tuffy: I move amendment No. 72: In page 28, subsection (2)(e), line 1, after "of" to insert "prison".

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Joanna Tuffy: I tabled my amendment so that in the case of suspected concealment of a prohibited item, the privatised prison officer could require the removal of clothing but would not be allowed to perform an intimate search. I would like the Minister's comments on that.

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Joanna Tuffy: The Minister mentioned prison rules, which reminds me that I missed my first amendment, with which it was concerned. The definition of prison rules is somewhat flawed by only applying to rules in force. If new rules were made, repealing old rules, the old rules would no longer be prison rules for the purpose of any ongoing disciplinary proceedings or proceedings before the appeals tribunal....

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Joanna Tuffy: Senator Henry spoke about amendment No. 25. The reason we seek to include "a visiting committee" is that visiting committees have a statutory right to visit prisoners under section 3(2) of the 1925 Act. In amendment No. 26 we seek to insert the United Nations Committee against Torture. As the section provides for a right to visit the prisoner to the Council of Europe Committee against...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Joanna Tuffy: I move amendment No. 32: In page 14, subsection (1), line 29, after "imposition" to insert the following: "or within 7 days of a decision of an Appeal Tribunal affirming the sanction so imposed". The purpose of amendment No. 32 is to correct a flaw in the present provision for a petition. I want to ensure such a provision can operate following the exhaustion of the appeals process. With...

Seanad: Prisons Bill 2006: Committee Stage (28 Nov 2006)

Joanna Tuffy: It is important that the impact on the built environment should also be considered as part of the environmental impact assessment. The concerns of residents living near the proposed development, for example, should be taken into account. Does the Minister envisage that such issues will be included in this process? In other legislation providing for decisions of this type to be taken by a...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Joanna Tuffy: I second the amendment.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Joanna Tuffy: I move amendment No. 26: In page 34, to delete line 38 to 40 and substitute the following: "43—(1) Where a building owner and an adjoining owner are in dispute in relation to the exercise or proposed exercise of rights under section 42, either party may apply to the court in a summary manner and the court may give such directions as it thinks fit, and may in particular make an order...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Joanna Tuffy: What if there were a dispute over the money to be paid under the provision? Section 42 refers to making good all the damage caused to the adjoining owner. What if the adjoining owner had issues about those provisions? Should he not be allowed go to court? It is obvious that the best way to deal with those issues in a dispute is by means of arbitration. I suggest we need to start writing...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Joanna Tuffy: I move amendment No. 27: In page 35, between lines 22 and 23 to insert the following: 46.—Where a person complains that trees or hedges grown or maintained by a neighbouring owner are of such a height as to constitute an unreasonable interference with any easement enjoyed by the complaining owner, or unreasonably interfere with light whether or not an easement exists in that regard, the...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Joanna Tuffy: I second the amendment.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Joanna Tuffy: I move amendment No. 37: In page 58, line 9, after "unless" to insert the following: ", not more than one year before such taking of possession,". This amendment is designed to make clear that a bank or building society cannot take possession without a court order, merely because they got the home owner to consent when taking out the mortgage. For the consent to the valid, it must be one in...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Joanna Tuffy: I move amendment No. 38: In page 59, line 4, after "apply" to insert "ex parte". We also proposed this on Committee Stage. The purpose of the amendment is to make clear that an application can be immediate and without notice. I know the Minister has said it would not be desirable to accept this amendment. However, there could be urgent circumstances that require steps to be taken and ex...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Joanna Tuffy: I move amendment No. 39: In page 59, lines 4 to 6, to delete all words from and including "the" where it secondly occurs in line 4 down to and including "property," in line 6 and substitute "the court or the District Court". We also proposed this amendment on Committee Stage. We felt it would be good to allow flexibility so that applications could be made to the District, Circuit or High Courts.