Results 7,781-7,800 of 18,755 for speaker:Michael McDowell

Order of Business (9 Nov 2006)

Michael McDowell: No legislation is promised.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: This is an official amendment which states that the main amendment in this grouping is amendment No. 40, which simplifies the definition of "mortgage" in section 86 by replacing the term "charge by way of legal mortgage" with the simpler term "legal mortgage". The amendments to sections 3, 87 and 121 are all consequential on the amendment to section 86.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: Prima facie we would believe land includes anything which composes that land, be it earth, soil, rock, minerals or otherwise. Therefore, I wondered about the exact purpose of the amendment. If there were some point of substance, I would have to ask the expert drafting group to examine it. In general, land encompasses the material of which land is composed. Unless I am missing some point,...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: Given the advice I have just received, I am very clear on it. I am grateful to my official for drawing to my attention that a definition of "land" is included on page 15 of the Bill. Paragraph (b) of that definition includes "mines, minerals and other substances in the substratum below the surface, whether or not owned in horizontal, vertical or other layers apart from the surface of the...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: This amendment would make explicit provision in subsection (3) that the court must have overall regard to the interest of the beneficiaries as whole, when dealing with disputes concerning the trustees' performance of their functions as trustees or the other operation of the trust. The amendment also makes it clear that the court is not required to have regard to the matters set out in...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: It is very interesting to listen to the two arguments, both of which are persuasive, in one sense. If one is to have a default or presumptive mode in the joint purchase of property, there will be consequences, no matter how one looks at it. As Senator Tuffy says, there are major advantages in a joint tenancy from the viewpoint of neatness. If a joint owner dies, the other joint owner could...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: I can reassure the House that when using Norman French legal terms one can pronounce them as if they were bog standard English words. Everybody can pronounce them in any way he or she wishes and knowing the French pronunciation is not necessary. I do not propose to accept the amendment tabled by Senator Cummins. Introducing the words suggested, "or otherwise", without any definition of what...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: This amendment is intended to improve the presentation of section 38 in dealing with the implied grants of easements and to clarify that the section does not affect easements of necessity or affect the doctrine of non-derogation of grant.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: These are purely drafting amendments to correct the indentations of the text in the Bill.

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: The person who is not the building or moving party would not normally want to go to court because he or she need only object. I do not see why the right of initiative is being conferred on somebody who does not propose to carry out the building. One does not want to be in the position of discussing work with another who goes to court to stop one, when one did not have the right to do the...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: I appreciate the problem raised here. The cupressus leylandii used in suburbia can create mayhem for an adjoining owner. The law is unsatisfactory because one does not have the right to instruct another to keep a leylandii hedge to a reasonable height. I am sympathetic to the purpose of this amendment which is designed to give a real remedy to a person in that position. This, however, is...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: I will communicate with the Minister for the Environment, Heritage and Local Government on this issue. It deserves legislative treatment. I agree with Senator Tuffy that a quick and simple solution rather than a court case is desirable. One does not need solicitors and barristers arguing about the height of bushes in people's gardens if it can be avoided. I am not saying there is anything...

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: I am glad to accept amendment No. 28 and the thrust of amendment No. 29. Will Senator Terry alter the wording of amendment No. 29 to substitute the words "as it appears to it to be just and equitable" and table it on Report Stage?

Seanad: Land and Conveyancing Law Reform Bill 2006: Committee Stage (9 Nov 2006)

Michael McDowell: The Parliamentary Counsel informed me the wording would be better if it read, "On such an application the court may make such order, including an order as to costs, as it appears to it to be just equitable." I will get my officials to put it in written form and send it to the Senators.

Order of Business (9 Nov 2006)

Michael McDowell: The Order of Business today shall be as follows: No. 10a motion re the Report of the Independent Commission of Inquiry into the Bombing of Kay's Tavern, Dundalk; No. 16, National Oil Reserves Agency Bill 2006 — Report and Final Stage, resumed, to adjourn at 1 p.m. if not previously concluded; and No. 18, statements on Transport 21, resumed, in accordance with the Order of the Dáil on 2...

Order of Business (9 Nov 2006)

Michael McDowell: As the Deputy knows, the sub-committee is seeking a two week extension of the time within which to prepare its report. The report will then come back to the House and if the Deputy's Whip raises the matter with the Government Whip, I am sure his desire will be accommodated.

Order of Business (9 Nov 2006)

Michael McDowell: I want to be orderly.

Order of Business (9 Nov 2006)

Michael McDowell: Deputy Kenny will be aware that I answered questions on tiger kidnappings during oral questions this week, during which time a lengthy discussion was held. I congratulate the Garda Síochána on the work it is doing with regard to investigating these cases and I had discussions on the subject with the Commissioner today.

Order of Business (9 Nov 2006)

Michael McDowell: I am not in a position to give an answer to the Deputy on decisions taken by the Director of Public Prosecutions with regard to whether individual cases will be prosecuted because that is a matter for the independent judgment of the DPP. If I come into possession of information which I can pass on to Deputy Kenny and others, I will do so.

Order of Business (9 Nov 2006)

Michael McDowell: With regard to the Garda Síochána, the implementation of the recommendations contained in the reports by the Garda Síochána Inspectorate and Senator Maurice Hayes will not require legislation and it is the intention of the Garda authorities and the Department of Justice, Equality and Law Reform to expedite their implementation.