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Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Pat Rabbitte: I move amendment No. 6: In page 10, before section 8, to insert the following new section: 8.—(1) The Director of Public Prosecutions shall not exercise his or her power under section 46(1) or (2) of the Offences against the State Act 1939 (as amended by section 11 of the Criminal Justice Act 1999) to certify in writing that the ordinary courts are in his opinion inadequate to secure the...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) (9 Jul 2009)

Pat Rabbitte: The import of this group of amendments is that notwithstanding that the evidence in question is only as to the existence of a gang, the view is that it would be more appropriate that this would be a garda of more senior rank. This has been the practice up to now and also because of the fact that a more senior garda, not below the rank as suggested in the amendments, would be likely to have...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) (9 Jul 2009)

Pat Rabbitte: The Minister is asking us to take a lot on faith. It puts us in a difficult position because, given that the Minister is minded to push through the legislation before the recess, nobody wants to a see a section of the Bill undermined in terms of its efficiency on commencement. The concept described by the Minister is very unusual. We have just passed over the issue of adding "or former...

Written Answers — Road Network: Road Network (9 Jul 2009)

Pat Rabbitte: Question 26: To ask the Minister for Transport the amount of money allocated to road maintenance and improvement projects here in 2007, 2008 and 2009; if funding for capital spending on road building and maintenance projects including up to 80 projects that are currently being planned has been halted; the road building or maintenance projects which have been halted as a result of these new...

Order of Business (9 Jul 2009)

Pat Rabbitte: It is absolutely essential.

Order of Business (9 Jul 2009)

Pat Rabbitte: That is not what -----

Order of Business (9 Jul 2009)

Pat Rabbitte: We have only reached section 5 of the Bill on Committee Stage. Two or three aspects of the legislation are extremely controversial. An expectation has been built up that some 300 gangsters and thugs will be locked up by the weekend if the Bill is passed. As Deputy Charlie Flanagan stated, that will not be the case. Committee Stage of the Bill is being taken in the House. If the Tánaiste...

Order of Business (9 Jul 2009)

Pat Rabbitte: I beg Deputy Morgan's pardon. I also am aware that a delegation of lawyers met a Cabinet Minister yesterday who assured them that he takes a similar view, namely, that it should be a case of festina lente in this regard and that the House should have time to tease through the more difficult aspects of the Bill.

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: Which newspapers are those?

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: I move amendment No. 3: In page 7, line 27, after "person" to insert the following: "or the publication to the second-mentioned person was in the course of the performance of duties of a secretarial nature by the second-mentioned person (being a person whose relationship if any to the first-mentioned person is primarily based on contract) and there were no reasonable grounds to believe that...

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: I move amendment No. 4: In page 10, line 5, to delete ", in particular,". I outlined on Committee Stage why I believed the reference to "in particular" is unduly restrictive. I asked the Minister to excise the reference and I repeat that request.

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: The way things are going, a lot of us might need it.

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: It does not require the apology to be made more quickly.

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: I move amendment No. 7: In page 11, to delete lines 14 to 27 and substitute the following: "(2) In this section— "defence" shall not include a defence under— (a) an enactment, or (b) an act of the institutions of the European Communities; "enactment" has the meaning assigned by section 2(1) of the Interpretation Act 2005; "European Communities" has the same meaning as it has in the...

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: I support Deputy Ó Snodaigh's amendment No. 9 and want briefly to speak to my amendment No. 10. The Minister referred earlier to one of the novelties in this legislation being the facility to make an apology without liability. I agree that is important and is an overdue reform of legislation that is not generally controversial. The Minister described circumstances in which a gap could...

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: Unfortunately, it is unlikely that we will get to section 39. I know of the case which the Deputy has raised, and it is a terrible experience for any family to have endured. Unfortunately, it is virtually impossible to libel the dead and, as a result, this family finds itself in these appalling circumstances. The media outlets in question are not prepared to offer an apology. I agree with...

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: I appreciate that.

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: While I am prepared to consent, I wish to make a point.

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: It is agreed. Three hours have been allocated tomorrow morning to debate a Bill that proposes to cut the pay of former Ministers. I am not aware of opposition in the House to this Bill and do not understand the reason three hours are required. However, Members badly need more time on this Bill and I suggest the Minister should talk to the Chief Whip about permitting this debate to continue...

Written Answers — Economic Outlook: Economic Outlook (8 Jul 2009)

Pat Rabbitte: Question 38: To ask the Minister for Finance his views on the most recent quarterly national accounts of the Central Statistics Office which showed a decline of 8.5% of GDP, and a decline of 12% of GNP, in the first three months of 2009 compared to the same period in 2008; and if he will make a statement on the matter. [27985/09]

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