Results 6,421-6,440 of 7,652 for speaker:Joanna Tuffy

Seanad: Homelessness: Motion (15 Nov 2006)

Joanna Tuffy: I am not.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Joanna Tuffy: My only concern as regards amendment No. 19, as it stands, is about the fact that I believe the majority of people who opt to buy property in co-ownership intend that there will be joint tenancy. The effect could be that people might presume they were going to inherit a property when a partner in the property dies. It means that surviving spouses, for example, might be left in a vulnerable...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Joanna Tuffy: I move amendment No. 26: In page 34, to delete lines 24 to 26 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: Committee Stage (9 Nov 2006)

Joanna Tuffy: I move amendment No. 27: "46.—In page 35, before section 46, but in Chapter 3, to insert the following new section: 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...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Joanna Tuffy: I appreciate the support of the Minister and Senator Terry for the thrust of the amendment. The UK system to which I referred comes under environmental legislation and it probably would be the right context for this amendment. A clause should be inserted requiring some attempt at alternative dispute resolution to have been made before parties go to court. A formal system of arbitration for...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Joanna Tuffy: Subsection (2)(b)(i)(IV) provides that a deed is correctly executed if it is "signed and sealed by the individual". Is it a requirement that such a deed should be witnessed? Will the Minister explain what is required to make the deed "sealed"? My understanding of current conveyancing law is that the witness does not have to be in the presence of the signatory to validate the deed. Will the...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Joanna Tuffy: Like Senator Jim Walsh, I ask the Minister to explain what a seal involves. On my previous question, I see that subsection (2)(b)(i)(III) provides that the individual may acknowledge the signature in the presence of the witness, which implies that the latter need not be present when the signature is made. However, I am still unsure of what exactly is involved here. I recall checking the...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Joanna Tuffy: Yes. My question goes further, however, in that I wish to know whether it is even necessary for the individual to be present when the witness endorses the signature. The definition of the word "witness" implies that a witness may endorse a person's signature without necessarily being in the presence of the signatory when the endorsement is made. Has it always been a requirement of land law...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Joanna Tuffy: I always thought the will was a lot stricter in terms of requirements. One can challenge a will and state the witness was not present at the time and it was not executed properly. Are we now bringing that element to deeds of conveyancing? We are making it a lot stricter than was the case and that could lead to problems.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Joanna Tuffy: I appreciate the seriousness of signing a conveyancing deed. I always understood that two people had to be present to witness the making of a will and that there were strict rules surrounding an affidavit. Senator Jim Walsh is right and let us call a spade a spade. There is possibly a practice where a person signs deeds and the solicitor, who is not in the office at the time, witnesses it...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Joanna Tuffy: I move amendment No. 39: In page 54, paragraph (a), line 4, before "conditions" to insert "general".

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Joanna Tuffy: I move amendment No. 48: In page 58, subsection (1), line 4, 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 it induced a homeowner to sign a consent when taking out a mortgage. The consent, to be valid,...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Joanna Tuffy: While I appreciate the Minister's comments, will he examine this issue? The consent that is given in writing should relate to the specific taking of possession as covered by section 94. Can this consent be more tightly linked to the actual provisions of the section?

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Joanna Tuffy: I move amendment No. 50: In page 58, subsection (1)(a), line 36, after "property," to insert "and". Amendment No. 50 is a drafting amendment that inserts the word "and" between subsections (1)(a) and (1)(b) to make it clear that both are required. As I cannot discern any other intention in the section, this is basically a drafting amendment to make the wording absolutely clear. Amendment No....

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Joanna Tuffy: In respect of the wording of amendment No. 51, what if the situation was urgent? That is envisaged by the section. Should the Minister not allow ex parte proceedings on that basis?

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: I move amendment No. 4: In page 4, lines 8 to 10, to delete all words from and including "a" in line 8 down to and including "time" in line 10 and substitute "the parents of the child". I moved this amendment on Committee Stage. I have great difficulty with the wording as it stands. I examined much of it on Committee Stage and I will discuss some of the problems it presents, including those...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: I wish to respond to a couple of points. The Child Care Act 1991 is wrong if in certain sections it does not involve the parent of the child who does not have custody. That is a mistake. There is an inherent bias as to which parent gets custody and why the other parent might not. I do not say we individually have that bias but it is evident in court decisions historically and that is why...

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: What other parent?

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: What is so bad?

Seanad: Child Care (Amendment) Bill 2006: Report and Final Stages (8 Nov 2006)

Joanna Tuffy: I second the amendment.