Results 1,021-1,040 of 11,861 for speaker:Brian Hayes

Seanad: Construction Contracts Bill 2010: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Jul 2013)

Brian Hayes: The fourth grouping relates to provisions in the Seanad Bill that, by requiring the unpaid subcontractor to return to work after two weeks even though he or she might not be in receipt of payment for work carried out, favoured the main contractor. Everyone accepted this as fact. The provisions were amended to provide for suspension of work following seven days' notification in writing....

Seanad: Construction Contracts Bill 2010: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Jul 2013)

Brian Hayes: Without knowing the details of the case, it depends. Can it be proved that both parties had a contract? Can it be proved that there was a verbal contract even though there is no written contract? Was there a legitimate expectation that an action would follow the agreement by the parties? I would be loath to say that it would automatically fall under it even though there is no written...

Seanad: Construction Contracts Bill 2010: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Jul 2013)

Brian Hayes: Amendment No. 12 is a technical amendment to provide for a standard definition of days based on that included in the Organisation of Working Time Act 1997. The term “day(s)” is used throughout the legislation and it was important that this aspect did not generate any confusion in relation to the application of legislation. This dates back to a difficulty in planning cases, as...

Seanad: Construction Contracts Bill 2010: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Jul 2013)

Brian Hayes: The Bill does not involve retrospective activity and it cannot do so under the Constitution. We are only responsible for legislation enacted from this day forth. Needless to say, the issue referred to by the Senator is straightforward theft, and if somebody has taken plant and machinery from a contractor or subcontractor, the appropriate sanction would have to be brought through the Garda...

Seanad: Construction Contracts Bill 2010: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Jul 2013)

Brian Hayes: Yes. The figure was €200,000, and it has been taken out.

Seanad: Construction Contracts Bill 2010: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Jul 2013)

Brian Hayes: This amendment essentially removes the words "an act of a person other than one of the parties to the construction contract" and replaces them with "the making of a payment by a person who is not a party to the construction contract". Section 3(5) excludes the practice of "pay when paid" clauses in construction contracts; this is a key provision of the legislation. There is a concern that...

Seanad: Construction Contracts Bill 2010: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Jul 2013)

Brian Hayes: When the Bill was first devised by Senator Quinn, he did much work on international comparisons. This is a straightforward piece of legislation, as Senator Quinn rightfully stated, which will help the small guy in particular and bring some order to the industry after the considerable disorder we have seen in the past. It is not intended to deal with large plcs, even though it does. In the...

Seanad: Construction Contracts Bill 2010: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Jul 2013)

Brian Hayes: I wish to address the first grouping, comprising amendments Nos. 1 and 2. Amendment No. 1 provides for the exclusion of mining and drilling operations from the scope of the Bill. Section 1(1)(g) included mining and exploration as construction activities. These activities should not have been included, as similar activities are specifically excluded from the definition of "construction...

Seanad: Construction Contracts Bill 2010: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Jul 2013)

Brian Hayes: I thank the Senator.

Seanad: Construction Contracts Bill 2010: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Jul 2013)

Brian Hayes: I welcome the Senator's intervention. He is right in that this is Senator Quinn's Bill, not my Bill. We would not be here were it not for him.

Seanad: Construction Contracts Bill 2010: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Jul 2013)

Brian Hayes: I wanted to put that on the record, as I have done every time we have discussed the Bill in the past two years.

Seanad: Construction Contracts Bill 2010: [Seanad Bill amended by the Dáil] Report and Final Stages (23 Jul 2013)

Brian Hayes: The Seanad sent the Bill to the previous Dáil. As Senator Quinn would agree, this is a radically different Bill from the original. I agree with Senator Norris that it has taken too long. One reason for taking more time than expected was that this was the first legislation in respect of which a regulatory impact assessment, RIA, was conducted. All of the partners in the industry were...

Seanad: An Bille um Dara Leasú is Tríocha ar an mBunreacht (Deireadh a chur le Seanad Éireann) 2013: An Cúigiú Céim - Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013: Fifth Stage (23 Jul 2013)

Brian Hayes: It was a joke.

Seanad: An Bille um Dara Leasú is Tríocha ar an mBunreacht (Deireadh a chur le Seanad Éireann) 2013: An Cúigiú Céim - Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013: Fifth Stage (23 Jul 2013)

Brian Hayes: Yes.

Seanad: An Bille um an Dara Leasú is Tríocha ar an mBunreacht (Deireadh a chur le Seanad Éireann) 2013: An Tuarascáil (Atógáil) - Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013: Report Stage (Resumed) (23 Jul 2013)

Brian Hayes: I had nothing to do with it. My hands are clean.

Seanad: An Bille um an Dara Leasú is Tríocha ar an mBunreacht (Deireadh a chur le Seanad Éireann) 2013: An Tuarascáil (Atógáil) - Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013: Report Stage (Resumed) (23 Jul 2013)

Brian Hayes: That was meant in jest. Even Senator Norris should have the humility to accept that.

Seanad: An Bille um an Dara Leasú is Tríocha ar an mBunreacht (Deireadh a chur le Seanad Éireann) 2013: An Tuarascáil (Atógáil) - Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013: Report Stage (Resumed) (23 Jul 2013)

Brian Hayes: I accepted them in good faith, and I ask the Senator to accept my good faith on this issue. I have come to the conclusion and it is the firm view of the Government that this is the way to proceed. However, it is not my view or the Senator's view that will prevail. It is the view of the Irish people. Can we all agree on that at the very least?

Seanad: An Bille um an Dara Leasú is Tríocha ar an mBunreacht (Deireadh a chur le Seanad Éireann) 2013: An Tuarascáil (Atógáil) - Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013: Report Stage (Resumed) (23 Jul 2013)

Brian Hayes: That is a very serious charge.

Seanad: An Bille um an Dara Leasú is Tríocha ar an mBunreacht (Deireadh a chur le Seanad Éireann) 2013: An Tuarascáil (Atógáil) - Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013: Report Stage (Resumed) (23 Jul 2013)

Brian Hayes: It is a very serious charge. Senator Diarmuid Wilson has parliamentary privilege under the Constitution, as I have in the other House, to make the charge he has made.

Seanad: An Bille um an Dara Leasú is Tríocha ar an mBunreacht (Deireadh a chur le Seanad Éireann) 2013: An Tuarascáil (Atógáil) - Thirty-second Amendment of the Constitution (Abolition of Seanad Éireann) Bill 2013: Report Stage (Resumed) (23 Jul 2013)

Brian Hayes: I encourage Senator Diarmuid Wilson to substantiate that charge. Otherwise, it will remain on the record.