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Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: I move amendment No. 8: In page 12, subsection (3), line 7, after "In" to insert "deciding whether to institute or in". Amendment No. 8 is a drafting amendment which seeks caution in terms of the interpretation of the wording currently used. The subsection, as drafted, presumes that members of the Garda Síochána would be instituting the proceedings as opposed to making a decision on whether...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: I appreciate the Minister's comments. Amendment No. 9 seeks to clarify whether the Director of Public Prosecutions is entitled to prohibit members of the Garda Síochána from instituting certain types of proceedings at all or without specific reference from the director. Amendment No. 10 provides that proceedings shall not be invalid where the section has been ignored. It would be wrong for...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: I move amendment No. 13: In page 13, before section 9, to insert the following new section:— "9.—The Commissioner and members of the Garda Síochána shall be accountable to a Garda Síochána Board, which shall consist of a chairperson and members appointed in a manner determined by regulations made by the Minister, and the Board shall have the function of giving general direction and...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: I move amendment No. 1: In page 9, between lines 19 and 20, to insert the following subsection: "(2) The Garda Síochána Acts 1923 to 2003 (so far as unrepealed by this Act), the Garda Síochána (Compensation) Acts 1941 to 2003 (so far as unrepealed by this Act) and this Act shall be construed together as one and may be cited as the Garda Síochána Acts 1923 to 2004.". In this amendment we...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: I move amendment No. 2: In page 10, before section 4, to insert the following new section: "4.—Every order or regulation made by the Minister pursuant to this Act shall be laid before both Houses of the Oireachtas and, if a resolution annulling the regulation or order is passed within the next twenty-one days after the House has sat following such laying, the order or regulation shall be...

Seanad: Schools Building Projects. (30 Nov 2004)

Joanna Tuffy: I thank the Cathaoirleach for allowing me to raise this matter and the Minister of State, Deputy Seán Power, for coming to the House. The issue is self-explanatory. I request a list of all the schools in my constituency of Dublin Mid-West that have requested building works or building repairs and an indication of which of these requests have been approved. I also ask the Minister of State to...

Seanad: Schools Building Projects. (30 Nov 2004)

Joanna Tuffy: Can the Minister of State offer a timeframe for when this information will be available from departmental officials?

Seanad: Proceeds of Crime (Amendment) Bill 1999: Committee Stage. (30 Nov 2004)

Joanna Tuffy: I would like the Minister of State to clarify a number of matters as regards the new section 16A and subsection (2), which states: Evidence that is admissible by virtue of subsection (1) shall not be admitted if the court is of the opinion that in the interests of justice it ought not to be admitted. What is the reason for the amendment in the first place, since the courts have decided it was...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Committee Stage. (30 Nov 2004)

Joanna Tuffy: I move amendment No. 9: In page 10, between lines 5 and 6 to insert the following: "and (c) by the addition of a paragraph (e) as follows- '(e) under the Companies Acts 1963 to 2003 for the carrying on of any function exercisable by the Director of Corporate Enforcement,'.". This amendment would extend the powers of the Criminal Assets Bureau to take action against companies under the...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Committee Stage. (30 Nov 2004)

Joanna Tuffy: I move amendment No. 1: In page 3, before section 1, to insert the following new section: 1.—Money realised on the making of disposal orders under the Principal Act as amended by this Act shall be used for community development purposes in disadvantaged areas." This amendment was first tabled by Labour Party Members in the Dáil, where the Minister of State at the Department of Justice,...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Committee Stage. (30 Nov 2004)

Joanna Tuffy: The Minister of State's response to my amendment and that of my Fine Gael colleagues is that he is concerned that the measure proposed would bring about another layer of bureaucracy and would require another implementation body. I share his concern about that type of approach. The problem for the Carline learning centre, to whose funding difficulties the Minister of State has given...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Committee Stage. (30 Nov 2004)

Joanna Tuffy: I move amendment No. 4: In page 6, to delete lines 33 to 36. The wording in lines 33 to 36 would reverse a Supreme Court decision and would undermine normal court procedures in an undesirable way. We wish to uphold the existing Supreme Court decision and normal court procedures. It is important that due process is allowed so that the Act can stand up legally and under the European Convention...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Committee Stage. (30 Nov 2004)

Joanna Tuffy: While what the Minister of State has outlined makes sense, if in the absence of their being prescribed elsewhere, the Supreme Court sets out what it considers are the necessary procedures, surely it views these procedures as being fundamental. The Minister of State believes legislators may prescribe an alternative procedure to that which the Supreme Court might prescribe in the absence of the...

Seanad: Order of Business. (30 Nov 2004)

Joanna Tuffy: I would also welcome a debate on the NRA and road safety as raised by Senator Brian Hayes. If we have such a debate we should particularly consider what needs to be done to make trucks safe on our roads. While I do not make any comment on the drivers themselves, the prospects of having a fatality or very serious injury are far greater for a person involved in an accident with a truck. Two...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Second Stage. (24 Nov 2004)

Joanna Tuffy: I welcome the legislation which is designed to improve the 1996 Act. Provisions are being clarified in this legislation following feedback from the Criminal Assets Bureau, for example, on the operation of the original Act. Last night on the Internet I looked at transcripts of Report Stage in the Dáil on 13 October. I could not access the debate in the Select Committee on Justice, Equality,...

Seanad: Health Services: Motion. (17 Nov 2004)

Joanna Tuffy: I believed the Minister for Health and Children would be present today. She is in my constituency and I wanted to have the opportunity to wish her well in her new position. I had hoped to ask her about Peamount Hospital in my area. I do not know if the Minister of State will be able to update me on it. I want to know the Department's opinion on the plans for restructuring the hospital and on...

Seanad: Health Services: Motion. (17 Nov 2004)

Joanna Tuffy: People are voting for candidates like Deputy Connolly because they want more accessible health care services and because they are unhappy with the present health system. As Senator O'Meara stated, I will refer specifically to the maternity health services. I had a baby recently and this has really made me conscious of issues concerning babies, children and families. Two days ago, the Minister...

Seanad: State Airports Bill 2004: Second Stage. (13 Jul 2004)

Joanna Tuffy: Senator Cox referred to monopolies. I do not see how breaking up the airport into three units while retaining it in State ownership is breaking a monopoly. The airport is either state-owned or it is not. Having listened to Senators who support the legislation and who do not have the same concerns as expressed by the Leader, one has no doubt that the legislation is the first step towards...

Seanad: Order of Business. (13 Jul 2004)

Joanna Tuffy: A couple of Senators have called for a debate on the Middle East. I disagree with Senator Norris that it would be useful to have the debate in the absence of the Minister for Foreign Affairs. I am as critical as anyone else of Israeli policy but I do not agree that it is wrong for Mr. Netanyahu to mention the Holocaust because it is uniquely tied to Israel's existence and need for security....

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage (Resumed). (7 Jul 2004)

Joanna Tuffy: Section 9(3) states that "the council may prepare guidelines". I am sure it was discussed in the Lower House but surely the council should have been obliged to publish guidelines. It would strengthen the Bill to include such a provision.

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