Results 6,741-6,760 of 7,652 for speaker:Joanna Tuffy

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: I accept the point made by the Minister that compulsory registration should perhaps be carried out gradually. I do not agree with him that there would be an enormous amount of additional work for the new authority, Land Registry or the Registry of Deeds because the work is carried out by the people who are registering the title. Solicitors, landowners or those who act on landowners' behalf...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: I move amendment No. 40: In page 9, subsection (1), line 15, after "form" to insert "or a form to the like effect". The purpose of the amendment is to allow for minor variations from the prescribed form to be accepted with the permission of the Registrar of Deeds. This is to cater for two situations, the first being in the case of misprint or minor errors which have no effect, the second...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: I move amendment No. 41: In page 9, subsection (2), line 39, after "proceedings" to insert "or any matter in respect of which proceedings have been instituted prior to the commencement of this section". The effect of this amendment is to ensure section 17 is constitutional. If the substantive law has been changed, there needs to be a favour for a case where proceedings have already been...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: I move amendment No. 49: In page 10, line 38, after "search," to insert "copy,". We propose the amendment because we think it strange that the right to make copies from the Register of Deeds is not specifically spelled out in the Bill. The only provision relating to copying is set out in section 23, which provides that copies may be admissible in evidence. However, there is nothing in the...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: The purpose of amendment No. 64 is that the chief executive of the Courts Service, or his or her nominee, is already a member of the rule making committee under the Courts Act. We are proposing, in the interest of consistency, that the chief executive would also be a member of the rule making committee under section 44 of this Bill. Amendment No. 67 is possibly no longer appropriate and I...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: I move amendment No. 53: In page 12, between lines 4 and 5, to insert the following ", and in the case of any such deed, its registration and priority shall be determined in accordance with the law in force at the time it was lodged or presented for registration, or registered, as the case may be". I am confused as to whether matters still apply with regard to the new authority. This is a...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: I move amendment No. 54: In page 12, line 8, to delete "this Part" and substitute "section 26". This is a drafting amendment. We felt it would be easier if people read the Bill and were referred directly to the section rather than the part. The Minister of State might reconsider this issue.

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: I move amendment No. 58: In page 13, line 39, to delete "originating in the Land Registry". I realise that the wording in this amendment may not be correct but the reason behind it is to give the Circuit Court jurisdiction to amend errors in registration other than those that originate in the Land Registry. There may be certain errors in the title document that do not originate in the Land...

Seanad: Grangegorman Development Agency Bill 2004: Second Stage. (14 Jun 2005)

Joanna Tuffy: The Minister mentioned links to the DIT and Senators Ormonde and Henry both outlined their links to the institute. I possibly have the greatest number of links to the DIT because I am a former employee. I worked as a clerical officer in the Bolton Street campus; it was my first permanent job there. I took a career break and having pursued the part-time diploma in legal studies, I went on to...

Seanad: Disability Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: I move amendment No. 17: In page 12, subsection (8)(a), line 11, to delete "may" and substitute "shall". The amendment seeks to ensure that the person affected by the assessment would be consulted. As the Bill stands, this is discretionary. I see no reason for not having an obligation that the applicant would be consulted, met, interviewed and so on. This happens in many other areas of the...

Seanad: Disability Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: I wonder about the Minister of State's response to amendment No. 18. The section's current wording means it is up to the discretion of a Health Service Executive employee whether to arrange an assessment for a person whom he or she thinks may have a disability or is in receipt of a health service provided by the executive or both. The main contact for people covered by this section is with...

Seanad: Disability Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: Let us consider a situation whereby somebody with a disability is in a public nursing home and has no contact with anyone except employees of the Health Service Executive who are the only people who might make an application on their behalf. How do we ensure that they do not fall through the system? I appreciate why it is not compulsory, however people could lose out. The HSE employee is not...

Seanad: Disability Bill 2004: Committee Stage (Resumed). (14 Jun 2005)

Joanna Tuffy: Amendment No. 26 provides that the executive must keep records specifying "the number of applications for assessments" and "the number of persons to whom services identified in assessment reports have not been provided". It does not refer to service statements, however. I am not sure whether I have used the exact phrase. I refer to statements which are prepared by liaison officers. Such...

Seanad: Disability Bill 2004: Committee Stage (Resumed). (14 Jun 2005)

Joanna Tuffy: The amendments do not require individual needs to be specified. Individuals cannot get assessments of their unmet needs. The amendments relate to aggregate needs.

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: Provisionally I welcome the Minister's initiative but I wonder whether the various parties affected by these changes have been consulted, for example, the staff of the Land Registry and the Law Society. Provision is made for one member of staff on the board of the authority, which is low. Given that the staff are the experts when it comes to the running of the Land Registry, is one member of...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: I wish to address the last point made by the Minister. Obviously the new authority is a radical departure, but this is not radical law reform because it does not address all of the issues in this area. We must await suggestions from the new authority and then legislation will be required to deal with all of the issues around registration of title, conveyancing and other matters raised by the...

Seanad: Disability Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: My amendment under this section was disallowed. I have just looked through the list of amendments that have been disallowed and nine of mine are included in it. Many of them deal with the fundamental debate about whether this Bill is sufficient. The imposition of the rule with regard to amendments that put a charge on the State stifles debate on the Bill. This is not the first time we have...

Seanad: Disability Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: I do not know about that. When I consider some of my amendments, the changes involved are only a matter of degree or wording. For some reason some of my amendments that change "may" to "shall" have been allowed. One could argue that changing from "may" to "shall" puts a charge on the State.

Seanad: Disability Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: I would like this issue reviewed because we cannot debate this Bill properly. Many of my amendments raise fundamental issues, including an issue raised with me by the Disability Federation of Ireland which the Taoiseach is, supposedly, considering, but I cannot put that amendment in the House because it has been disallowed. The amendment disallowed in this section removes the word...

Seanad: Disability Bill 2004: Committee Stage. (14 Jun 2005)

Joanna Tuffy: I said the issue arose before and was not criticising anybody.