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Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Sale of Alcohol Bill 2022: Discussion (24 Jan 2023)

Barry Ward: If there are no other questions or issues from Members, I will give each group a very brief opportunity to sum up any issues or raise any others they wish to raise. I will go in the same order as before. I will give MEAI a minute, if that is all right.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Sale of Alcohol Bill 2022: Discussion (24 Jan 2023)

Barry Ward: Fair enough. Do the Department officials want to comment?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Sale of Alcohol Bill 2022: Discussion (24 Jan 2023)

Barry Ward: I propose that we publish the opening statements that all of the delegations have provided to the committee on the committee's website. Is that agreed? Agreed. Go raibh maith agaibh go léir as teacht anseo. Oibríonn na cruinnithe seo toisc go bhfuil na finnéithe réidh le teacht isteach chun labhairt linn agus díospóireacht a dhéanamh linn. I thank...

Seanad: Public Order and Safe Streets: Statements (23 Nov 2022)

Barry Ward: I acknowledge what the Minister of State said about the importance of public order and the fact that people will feel safe on the streets. He spoke about the right to be safe and the right to feel safe. This is tremendously important. It is as important in Dún Laoghaire as in Dunshaughlin, Dunmanway or Dunmore. It is a problem that exists throughout the country. It is not just on...

Seanad: Ireland's Military Neutrality: Motion [Private Members] (23 Nov 2022)

Barry Ward: Cuirim fáilte roimh an Aire. There is a great deal in this motion to recommend it and, in fact, I agree with the vast majority of it and I commend its proposers. I am incredibly proud of Ireland's record militarily, particularly as a militarily non-aligned country. The vast majority of our military record since the foundation of the State has been a positive one, preserving peace and...

Seanad: An tOrd Gnó - Order of Business (22 Nov 2022)

Barry Ward: This coming Friday marks the close of a public consultation on a levy that is proposed by the Government and the Minister of State with responsibility for the circular economy in respect of disposable and single-use cups for hot beverages. What is there to oppose about that? In the documentation that has given rise to the public consultation, there is much talk about how it will be along...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Barry Ward: I also have sympathy with these amendments and I understand where the proposers are coming from. It would be wonderful if we had judges who were proficient in ISL. I recognise what the Minister said about the Irish Sign Language Act 2017. I also recognise that even if the judge in a single-judge sitting, or all the judges in a multiple-judge court, was proficient in sign language, the...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Barry Ward: To my mind section 41(1) only refers to the applicants. There is no restriction. The offence can only be committed by an applicant rather than by a member of Cabinet or anybody else involved in the process. The applicant is the person named so that is the person who is prohibited from doing the things described in section 41(1). What Senator McDowell describes is something that presumably...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Barry Ward: I had not considered what Senator McDowell has raised there. I am wondering if the Minister can clarify that in the context where the situation under section 45(1)(a) arises and the Chief Justice is an applicant for a position, there is no procedure whereby the Chief Justice can be substituted in relation to that commission meeting. If, for example, the President of the Court of Appeal...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Barry Ward: I think it does.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (15 Nov 2022)

Barry Ward: I move amendment No. 38: In page 31, to delete lines 27 and 28.

Seanad: An tOrd Gnó - Order of Business (8 Nov 2022)

Barry Ward: I raise the issue of accessibility.We have heard quite a lot about it recently and there has rightly been a focus on accessibility, particularly on public transport. I live in an area where we thankfully have the DART. Iarnród Éireann invested a lot of money in putting in new DART bridges that have lifts and make both platforms accessible. However, as often as not, they seem not...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Barry Ward: I appreciate what the Minister has said. I understand, given that there have been no amendments made in this House, that there may be a concern that if an amendment were to be accepted here, it would cause the Bill to go back to the Dáil. I know the Minister does not think that is the only reason we would not accept amendments. I understand the rationale behind the decision not to...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Barry Ward: I move amendment No. 27: In page 13, line 24, to delete “shall” and substitute “may”.

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Barry Ward: I move amendment No. 28: In page 13, lines 24 and 25, to delete all words from and including “lay” in line 24 down to and including line 25 and substitute the following: “lay members from among the persons recommended by the Public Appointments Service under subsection (2), or such other lay member as the Minister deems suitable, and where the Minister appoints a...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Barry Ward: I agree with Senator McDowell. I understand where the reference to the Equal Status Act comes from. However, the Equal Status Act is there for the purpose of enforcing rights and creates categories in which litigation can be conducted to protect people in those categories. Broadly speaking in the context of this amendment while it is important to recognise that, of course, the Judiciary...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Barry Ward: This section is a very important recognition of the non-application of the Freedom of Information Act as I understand it. This issue will come up in one of my subsequent amendments. It is very important to maintain the confidentiality of those who may apply for judicial office. If that is applied, a whole raft of people, who would certainly be qualified and who might make excellent judges,...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Barry Ward: I do not agree with the amendment. I understand where Senator McDowell is coming from but I feel he has created a very forced scenario, which he has reinforced by suggesting there will somehow be a judicial veto. I do not think that is the case, which is why the Minister has strived to have a small commission with a balance between judicial and lay figures. Senator McDowell has put this...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Barry Ward: Constitutionally, absolutely, but the suggestion was that we should not fetter the Government, while in fact we should. The Senator is right that constitutionally there is a trump card there but as legislators, it should be our job to put in place legislation that fetters, controls or manipulates the powers of the Government. That is why so much of what Ministers do must come back to these...

Seanad: Judicial Appointments Commission Bill 2022: Committee Stage (Resumed) (26 Oct 2022)

Barry Ward: That is not in the Bill.

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