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Seanad: Petitions Committee: Motion (4 Oct 2006)

Joanna Tuffy: I move: That Seanad Éireann will establish a petitions committee and initiate procedures for civil engagement with the Seanad through a right of individuals, community groups and organisations to petition the Seanad and make a request to the Seanad to take a view or initiate or amend legislation in relation to matters of public interest or concern. The motion sets out clearly what I would...

Seanad: Petitions Committee: Motion (4 Oct 2006)

Joanna Tuffy: I had hoped the Leas-Chathaoirleach would be in the Chair to comment on it.

Seanad: Petitions Committee: Motion (4 Oct 2006)

Joanna Tuffy: The Earl of Mayo tried to make a petition concerning a road from Fintown to Doochary, County Donegal, to the effect that the road should be made passable for traffic.

Seanad: Petitions Committee: Motion (4 Oct 2006)

Joanna Tuffy: That was on 31 March 1925. A debate ensued because the Seanad had not decided on the right to petition at that stage. The Dáil had ruled out the proposal and the Seanad had not taken a view on it. The petition was defeated but it referred the question of whether to take petitions in future to a sub-committee. I could not find out what happened after that. It appears the idea was not...

Seanad: Petitions Committee: Motion (4 Oct 2006)

Joanna Tuffy: Someone might also come up with a similar petition here.

Seanad: Petitions Committee: Motion (4 Oct 2006)

Joanna Tuffy: The 1,000th petition, which was received today, came from secondary school students and pertained to the consumption and availability of cheap alcohol. Hence, this would be a great way in which to engage young people in the workings of the Seanad.

Seanad: Petitions Committee: Motion (4 Oct 2006)

Joanna Tuffy: Yes. This model differs from the European Parliament model, which is concerned with airing one's grievances. It also differs from the e-consultation that was carried out in respect of the Broadcasting Bill, although that was welcome. The right to petition goes much further. There is real dialogue and the public has a significant instigative role, which is extremely important. This...

Seanad: Petitions Committee: Motion (4 Oct 2006)

Joanna Tuffy: This proposal could be implemented in terms of Seanad reform without requiring a change in legislation. If Senator O'Rourke adopted this measure, she could change the Seanad in terms of public and civil engagement. It could mark the Seanad as being separate from and more progressive than the Dáil. People could feel a sense of ownership of the Seanad that may not be the case at present....

Seanad: Petitions Committee: Motion (4 Oct 2006)

Joanna Tuffy: The House could mark itself out in this regard. This is an ideal role for the Seanad.

Seanad: Order of Business (3 Oct 2006)

Joanna Tuffy: I wish to raise the increase in gas prices, which came into effect at the weekend. They will rise by 34%, despite a drop in gas prices on the international market. The Labour Party will support the calls of the National Consumer Agency for Bord Gáis to submit to the energy regulator new proposals for gas prices. This follows other increases with which ordinary people have had to deal in...

Seanad: International Criminal Court Bill 2003: Committee Stage (28 Sep 2006)

Joanna Tuffy: I move amendment No. 4: In page 12, subsection (3), line 11, to delete "is set out in the Schedule to the 1973 Act" and substitute the following: "in the English language is set out for convenience of reference in Schedule 2". The purpose of this amendment, which seems to have been accepted by the Minister, is to pick up on the fact that if the 1973 Act were to be repealed, the Schedule to...

Seanad: International Criminal Court Bill 2003: Committee Stage (28 Sep 2006)

Joanna Tuffy: I move amendment No. 8: In page 18, subsection (4), line 7, to delete "with" and substitute the following: "and the court shall, unless it sees sufficient reason to the contrary, give". This amendment is necessary for constitutional reasons. As the section stands, a criminal court would be obliged in all circumstances to give liberty to re-enter were the proceedings postponed in favour of a...

Seanad: International Criminal Court Bill 2003: Committee Stage (28 Sep 2006)

Joanna Tuffy: Did the Attorney General have an opinion on the grounds of our concerns about the constitutionality of the section as it stands?

Seanad: International Criminal Court Bill 2003: Committee Stage (28 Sep 2006)

Joanna Tuffy: I move amendment No. 10: In page 18, subsection (1), line 24, after "shall" to insert the following: ", on being satisfied as to the authenticity and sufficiency of the documents submitted to it,". For constitutional reasons, we believe the High Court should not be made a rubber stamp and should be given some discretion in the matter of inquiring into the authenticity and sufficiency of...

Seanad: International Criminal Court Bill 2003: Committee Stage (28 Sep 2006)

Joanna Tuffy: I move amendment No. 12: In page 24, subsection (1), to delete lines 1 and 2 and substitute the following: "31.—(1) The Minister shall postpone the making of an order under section 30 where the period referred to in section 27 has not expired, and may, on or following the conclusion of that period, postpone the making of such an order—". This section is necessary because a contradiction...

Seanad: International Criminal Court Bill 2003: Committee Stage (28 Sep 2006)

Joanna Tuffy: I accept that the Tánaiste obtained advice on the issue. However, as sections 30 and 31 do not mention section 27, it could be interpreted that they override section 27 in that it relates to the Minister's order. Does the Tánaiste have any concerns over the issues we have raised or is he totally satisfied that the amendment is not needed?

Seanad: International Criminal Court Bill 2003: Committee Stage (28 Sep 2006)

Joanna Tuffy: I move amendment No. 13: In page 25, subsection (3), between lines 31 and 32, to insert the following: "(a) with the consent of the person and of the state of enforcement, that any sentence or balance of a sentence which the person is liable to serve in the State shall be served in the state of enforcement,". This amendment is designed to avoid a shuttlecock situation whereby a person liable...

Seanad: International Criminal Court Bill 2003: Committee Stage (28 Sep 2006)

Joanna Tuffy: I ask the Tánaiste to consider addressing the concerns raised in a different way or in other legislation.

Seanad: International Criminal Court Bill 2003: Committee Stage (28 Sep 2006)

Joanna Tuffy: I move amendment No. 14: In page 28, between lines 10 and 11, to insert the following subsection: "(5) Where a freezing order is made, and proceedings are pending in the High Court or another court, in which relief referred to in the definition of "realisable property" in section 41 is claimed, the High Court shall, on the making of a freezing order under this section, order the discharge of...

Seanad: International Criminal Court Bill 2003: Committee Stage (28 Sep 2006)

Joanna Tuffy: I move amendment No. 15: In page 31, subsection (9), line 38, after "order" to insert the following: "which appeared to the High Court to be a sum which might be realised by the person to whom the order is directed". This is an important amendment which concerns the circumstances in which a person may be imprisoned for failure to pay a fine. There are strong international legal prohibitions...

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