Results 7,461-7,480 of 18,728 for speaker:Michael McDowell

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: As I explained on Committee Stage, I do not propose to accept this amendment. Introducing the words "or otherwise" without any definition of what "otherwise" might mean could render the section vague and uncertain. The provisions in section 33 which replaced the provisions of the Prescription Acts 1832 and 1858 are based on detailed Law Reform Commission recommendations set out in its...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: These are minor drafting amendments and I commend them to the House.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: Although one can call it the building owner or use the phrase, "builder", we are dealing with one neighbour and another neighbour. One neighbour wants something to happen and is the active neighbour. We do not see any reason a passive neighbour would want to go to court if the active neighbour who wanted to do something did not want to go to court. We do not want a situation where if...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: I agree with the Senator. Most fair and reasonable solicitors should now inform their clients. The superior courts in England have now come to the point where they direct solicitors who fail to inform their clients about alternative dispute resolution, including conciliation and arbitration, that the solicitor may be liable for the costs of going to court. Without being too prescriptive...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: As I said on Committee Stage, I fully sympathise with the motive for this amendment. It is really a planning Act matter and is something which should not end up in land law courts. It would be a mistake to put it into a Land and Conveyancing Law Reform Bill. It is well worthwhile pursuing and I will write to the Minister for the Environment, Heritage and Local Government, Deputy Roche, and...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: This amendment was discussed on Committee Stage. Section 3 of the Conveyancing Act 1881 provides that subject to certain exceptions, a purchaser is precluded from requiring production of any title documents dated or made before the time prescribed by law or stipulated in the contract for the commencement of the title and from making requisitions, objections or inquiries as to such prior...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: This amendment arises from a discussion on Committee Stage about formalities required for deeds. Section 62 of the Bill gives effect to the Law Reform Commission's report on land and conveyancing law and further general proposals in the execution of deeds. The commission recommended the inclusion of a reference to the sealing of documents to take account of the long-established common law...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: These are drafting amendments which clarify the scope of the section and ensure consistency in the terms used in it. The amendments to section 87 are drafting amendments to ensure section 87 is consistent with section 86.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: The acceptance of this amendment would mean every financial institution would be required to update each mortgagor's consent annually or, failing that, go to court in each and every case arising. That would create either additional administration costs for mortgagees or additional court related costs for mortgagees or mortgagors. We do not believe this would be in the public interest.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: Government amendments Nos. 40 to 42, inclusive, deal with the issues tabled in amendment No. 38. I do not favour allowing ex parte applications. The section deals with cases where the mortgagee has reasonable grounds for believing the mortgaged property has been abandoned but that may not be the case. To allow ex parte applications means they could be open to abuse and that would not be in...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: This amendment is consequential to a Committee Stage amendment which deleted subsection (2) in section 105.

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: The amendment to section 114 is intended to clarify the meaning of subsection (1) by separating the application procedure provided for in the new subsection (1) from the making of the court order provided for in the new subsection (2). The amendment to Schedule 2 repeals sections in existing courts legislation which deal with the registration of judgment mortgages but which will be redundant...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: I thank Senators for their kind remarks. I express my thanks to Mr. Carroll and Ms O'Keeffe, who have been with this programme at every stage, including collaboration with the Law Reform Commission and in this House, for all the work they have done. It is a significant achievement for this House to have adopted and passed major legislation. I hope that when it goes to the other House, it...

Seanad: Sex Offenders Register. (23 Nov 2006)

Michael McDowell: I thank Senator Tuffy for raising this matter on the Adjournment. I assure her that the Government shares her concerns that no opportunity is given to convicted sex offenders to take advantage of any differences in the law and arrangements in place in the different legal jurisdictions. I will set out briefly the legal position regarding convicted sex offenders who either have served a...

Seanad: Sex Offenders Register. (23 Nov 2006)

Michael McDowell: I agree.

Seanad: Fisheries Protection. (23 Nov 2006)

Michael McDowell: The Minister of State at the Department of Communications, Marine and Natural Resources, Deputy Browne, regrets that he is unable to attend the Seanad this afternoon but is grateful to Senator Morrissey for raising this issue. Natura 2000 is the EU-wide network of nature protection areas established under the 1992 habitats directive, which aims to safeguard Europe's most important wildlife...

Seanad: Community Development. (23 Nov 2006)

Michael McDowell: The Minister of State for Community, Rural and Gaeltacht Affairs is mindful of the importance of funding under the programme of grants for locally based community and voluntary organisations. An application has been received from the group referred to by the Senator. Applications under the scheme of equipment grants and the scheme of training, education and research grants closed on 25...

Seanad: Prisons Bill 2006: Second Stage (Resumed) (23 Nov 2006)

Michael McDowell: I was very grateful to them for that support because it was suggested in some sense that this was wasteful, but it was not. I wish to make a further point while we are dealing with the issue of Thornton Hall because Part 4 of this legislation will apply to it. There is no tract of 150 acres 14 kms from O'Connell Street which was available for any lesser price. People can cod themselves and...

Seanad: Prisons Bill 2006: Second Stage (Resumed) (23 Nov 2006)

Michael McDowell: Our strategy is to introduce sniffer dogs to the system and new visiting arrangements. I do not agree with the proposition it is more humane to have physical contact in a drug-ridden prison than to have a drug-free prison with substantial restrictions on physical contact with prisoners. If the price of physical contact is rampant drug infestation in a prison it is no mercy on any prisoner...

Seanad: Land and Conveyancing Law Reform Bill 2006: Report and Final Stages (23 Nov 2006)

Michael McDowell: This Bill will eventually become an Act. If it was referred to simply as a Land Act it would give a misleading impression as to what kind of Act it was. The Land Acts generally concerned land purchase and registry, whereas this Bill is slightly different. Its equivalent in the United Kingdom in 1925, which shows the House how far behind we are, was called the Law of Real Property Act....