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

Joanna Tuffy: I thank the Minister and his Department. I am a solicitor and most of my work and experience was in land law. It is good to modernise our law. I read intensely the book by Professor Wylie when studying for the Law Society of Ireland exams and it was a great book. Thankfully, I never used fee tails or leases for lives renewable forever in my career as a solicitor. It is good that many of...

Seanad: Sex Offenders Register. (23 Nov 2006)

Joanna Tuffy: It is urgent that we ensure the regime in place to deal with registered sex offenders in this country is comparable with those in other countries, including the United Kingdom and Northern Ireland. There have been many reports in recent days about registered sex offenders who have come to this country. It is important they are not allowed to come here to take advantage of what they might...

Seanad: Sex Offenders Register. (23 Nov 2006)

Joanna Tuffy: On the Minister's last comment, a person registered as a sex offender in another country should know the significance of his or her moving to another country. We should expect such people to register and the Minister should prioritise his proposal on making it an arrestable offence if people fail to register.

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

Joanna Tuffy: I move amendment No. 1: In page 13, line 15, to delete "and Conveyancing". I propose this amendment because I believe that a major Bill such as this one should have a reasonably short and simple Title. It would be appropriate to have the wording as it would stand once my amendment was accepted.

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

Joanna Tuffy: I welcome the fact that the Minister has proposed this amendment. As a result, I will not move my amendment.

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

Joanna Tuffy: I move amendment No. 5: In page 17, line 37, after "giving" to insert "full". The Minister's amendment may deal with some of the issues I am raising. The purpose of amendment No. 5 is to give the Minister greater discretion to compensate for the removal of the power to modify Acts. Regarding amendment No. 6, we believe the subsection, as it stands, would be of dubious constitutionality as...

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

Joanna Tuffy: I move amendment No. 7: In page 18, line 27, after "subsection (1)," to insert the following: "and without prejudice to section 26(2)(f) of the Act of 2005,". We tabled this amendment to make it clear that the rule in section 8(2) is unnecessary as the same point is stated in the Interpretation Act 2005, section 26(2)(f).

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

Joanna Tuffy: I move amendment No. 8: In page 18, after line 40, to insert the following: "(3) In so far as they survive, titles of honour or dignity arising from feudal baronies and manorial lordships are abolished. (4) If after the commencement of this section a person purports to sell or offer for sale a title of honour or dignity abolished by subsection (3), he or she shall be guilty of an offence.". I...

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

Joanna Tuffy: Professor Wylie said something similar to the Minister so I accept his response. The matter may be raised by my party in the Dáil, given another opportunity to consider it. I hope the Genealogical Society of Ireland will be happy with the Minister's explanation.

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

Joanna Tuffy: I move amendment No. 9: In page 19, line 5, to delete "in" and substitute "under". This is a drafting amendment as, we believe, section 9(3)(b), as worded, suggests it only affects section 10, rather than the concept of an estate generally.

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

Joanna Tuffy: I move amendment No. 10: In page 19, between lines 10 and 11, to insert the following: "(4) Subject to this Act a fee simple shall be freely alienable by the owner thereof.". While section 9(3)(c) states that section 9(2) does not affect the rule against inalienability, the rule itself is contained in an Act that is repealed by section 8(3) so the rule is not stated in the Bill. This has the...

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

Joanna Tuffy: I move amendment No. 11: In page 19, between lines 10 and 11, to insert the following: "(4) A tenant of a local authority who whether before or after the commencement of this section purchases a fee simple from the authority may alienate the fee simple without the consent of the authority.". This amendment might be more appropriate to a housing Bill but I have become aware, as a public...

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

Joanna Tuffy: I appreciate the support of Senator Jim Walsh and the Minister.

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

Joanna Tuffy: I move amendment No. 12: In page 20, between lines 35 and 36, to insert the following: 12.—(1) (a) It shall be a condition of any planning permission for an apartment development that the applicant will form a management company and arrange for the issue of shares in the company to purchasers of apartments in the development. (b) Where a permission has been granted prior to the commencement...

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

Joanna Tuffy: It would be important to involve those experiencing problems in any such conference. The managing agents for an estate in Lucan organised a meeting miles away from the estate at an inconvenient time to make it impossible for most people to attend, although they are supposed to be members of the management company. The establishment of a body where people could raise such issues would be of...

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

Joanna Tuffy: I move amendment No. 13: In page 21, line 14, to delete "section 11(4)" and substitute "section 11(3)". This amendment corrects an error. Section 11(5) is an exception to section 11(3), not section 11(4), which deals only with contracts.

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

Joanna Tuffy: I move amendment No. 14: In page 21, between lines 31 and 32, to insert the following: "(4) Where on the commencement of this section, or on a person becoming entitled to a fee tail after such commencement, another person's estate or interest inland is extinguished by virtue of subsection (3), the second-mentioned person may apply to the court within 12 years of such extinguishment for an...

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

Joanna Tuffy: I was not going to speak to this amendment, but there is another issue if it is automatic for it to become tenancy in common instead of joint tenancy. Tenancy in common can be held in different shares, and there could not be an automatic tenancy in common without clarifying the shares. With a joint tenancy, the survivor does not lose anything, but with a tenancy in common the survivor loses...

Seanad: Prisons Bill 2006: Second Stage (Resumed) (23 Nov 2006)

Joanna Tuffy: The inappropriate detention of children and young people is something on which I wish to focus. The Government is making much of its plans to have a referendum on the rights of children. However, it is a disgrace that children and young people are still inappropriately detained in prisons and institutions such as St. Patrick's. We must complete, as a matter of urgency, the building of...

Seanad: Homelessness: Motion (15 Nov 2006)

Joanna Tuffy: Senator O'Meara mentioned the hidden homeless. As a former county councillor, my experience of homelessness would be more in terms of the hidden homeless and dealing with people who have been on the housing list for years. Another aspect is the problems to which the housing crisis is contributing. For example, some relationships never get off the ground because the couple and their child...

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