Results 7,201-7,220 of 16,849 for speaker:Dermot Ahern

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 22: In page 50, to delete lines 41 to 46 and in page 51, to delete lines 1 to 7 and substitute the following: 68.—(1) An interest— (a) to which a person was entitled, or (b) acquired by a person, before the commencement of this Chapter in consequence of the failure to use words of limitation in a conveyance executed before that commencement or the application of the...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 23: In page 62, to delete lines 22 to 44 and in page 63, to delete lines 1 to 7 and substitute the following: 93.—(1) This section applies to any action brought by a mortgagor for— (a) redemption, or (b) sale, or (c) the raising and payment in any manner of the mortgage debt, or (d) any combination of these in the alternative. (2) In any action to which this section...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I have not seen its conclusions in this respect. We did not propose to amend section 91 because it speaks for itself but I have not seen the proposals.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 24: In page 64, line 4, to delete "otherwise" and substitute "in relation to any other mortgage". This is a drafting amendment.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 25: In page 64, line 10, after "taking" to insert "not more than 7 days prior to such taking". Amendments Nos. 25 and 30 address a concern raised on Committee Stage. In cases of default, sections 96 and 99 require a lending institution to obtain a court order before taking possession of or selling the mortgaged property unless the borrower has already given consent to...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 27: In page 64, to delete lines 44 and 45. This amendment will delete section 97(5). In so far as this subsection suggests it may be possible to apply to a court for an order for sale of a house which is subject to a house loan mortgage other than by applying for an order under section 99, it is misleading. An application for a court order to exercise the power of sale...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 27a: In page 65, line 2, to delete "and notwithstanding any stipulation to the contrary". This is consequential on changes already made to section 95 on Committee Stage. Section 95(3), as amended on Committee Stage, provides that the mandatory provisions in Chapter 3 of Part 9 relating to the powers and rights of lending institutions apply to a house loan mortgage but in...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 28: In page 65, line 14, to delete "101" and substitute "100". This is a drafting amendment to correct a cross-reference to another section.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 29: In page 65, lines 18 and 19, to delete "mortgagor, or on one of 2 or more mortgagors," and substitute "mortgagor". On Committee Stage, Deputy Charles Flanagan queried the continued use of the term "one of 2 or more mortgagors" in sections 99 and 107. In practice, these words mean that if a mortgage is in the name of more than one person, the lending institution is...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 30: In page 65, line 36, after "exercise" to insert "not more than 7 days prior to such exercise".

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 31: In page 66, between lines 28 and 29, to insert the following: "(4) Subject to subsection (5), an application under section 96(2) or section 99(3) may be made to the High Court. (5) Where an application under section 96(2) or section 99(3) concerns property which is subject to a housing loan mortgage the Circuit Court shall have exclusive jurisdiction to deal with the...

Commissions of Inquiry: Motion (Resumed) (1 Jul 2009)

Dermot Ahern: I wish to share time with Deputies Wallace, Flynn, Kirk, Dooley and Conlon. Unfortunately, five minutes does not give one much time to speak on this issue. As a Government Minister and Deputy representing the constituency in which Our Lady of Lourdes Hospital, Drogheda, is located, I am very concerned about the allegations in this case. In December 2008, I spent considerable time discussing...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I appreciate the Deputy tabling this amendment and understand the motives behind it, but I am not inclined to accept it because of the relatively broad nature of the legislation and the fact that it is, in effect, a very substantial updating of our laws in regard to conveyancing. It is probably unlikely that there would be adequate experience over a five-year period to warrant a full review...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 1: In page 20, to delete lines 21 to 40 and substitute the following: "(2) A regulation under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: Yes.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 3: In page 21, to delete lines 10 to 16 and substitute the following: "(2) Subject to subsection (1), and without prejudice to section 26(2)(f) of the Act of 2005— (a) any reference in an enactment to— (i) the Settled Land Acts 1882 to 1890, (ii) an Act included in that collective citation, or (iii) any provision of such an Act, shall be construed as a reference to...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: My view in regard to this issue has not changed since Committee Stage. I made the point that the types of titles to which the Deputy refers, titles of honour or dignity arising from feudal baronies or manorial lordships, do not, in any way, amount to an interest in land. To include them in the Land and Conveyancing Law Reform Bill 2006 would give a misleading impression that, to some...

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: There is nothing on the agenda. These are personal rights and are personal to the people involved. They are not property rights. They cannot be included in a Bill which deals with real property issues.

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: My amendments Nos. 7 and 8 have the same intent as Deputy Tuffy's amendment. Amendment No. 7 drops the indirect reference to the rule against inalienability from section 9(3)(c) while amendment No. 8 reinstates the rule in a more positive way with a new section 9(4).

Land and Conveyancing Law Reform Bill 2006 [Seanad]: Report and Final Stages (1 Jul 2009)

Dermot Ahern: I move amendment No. 7: In page 21, to delete lines 29 to 30.