Results 11,221-11,240 of 16,537 for speaker:Brian Lenihan Jnr

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: Senator Regan has not framed an amendment——

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: ——which would address the matter he raised, namely, the requirement of proof of special damage in the event of a corporate plaintiff. There was some debate on this section on Committee Stage and I undertook to have another look at it. The Attorney General indicates that recent case law in the United Kingdom has made it clear there is nothing wrong in legal principle in having a cause of...

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: These are Government amendments arising out of the debate on Committee Stage. Section 15 provides for absolute privilege for witnesses appearing before Oireachtas committees. On Committee Stage Senators raised some concerns as to the drafting of the provision. Following advice received from the Office of the Attorney General I propose to amend subsection (2) to make it subject to section...

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: Many of the Senators who spoke on Committee Stage agreed that absolute privilege should attach to statements made by the Judiciary in court and that is essential for the effective operation of the judicial arm of State. In Senator Regan's amendment the additional words are not necessary to qualify the performance of a judicial function but cast doubt on it and open an undesirable vista....

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: I agree with Senator Alex White on this section. There was always a defence in our law of fair and reasonable comment on a matter of public importance. All that this section is doing is restating that well-established defence in a more elegant way in terms of honest opinion, which always comprised the gist of that defence. That is the purpose of the section. I was concerned when I heard...

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: It is introducing an innovation in our law. The philosophy of this Bill is very clear. As Senator Harris pointed out, we must have a free press, but a free press is not entitled to abuse the reputations of individuals by the publication of falsehoods. When one analyses what is a falsehood — clearly it can be an untrue fact — and when one enters the realm of opinion, "Comment is free but...

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: ——honestly arrived at and therefore I cannot sue Senator Norris for that even though I would suggest there is no underlying factual basis for the assertion that he made.

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: In any event I agree with Senator Harris's philosophy in this matter, that it is not worthwhile to sue newspapers, but that is purely a personal point of view. We all have an interest in this matter. We all are public figures. There is one ex-barrister, two current members of the Bar and two journalists present, one of whom also happens to be a legal practitioner.

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: Three journalists, excuse me. There is quite a proliferation of interested parties around this House. In this legislation we must ensure respect for those two fundamental principles — the right of the individual to his or her reputation and the absolute right of the press in a free society to publish freely about matters. Within that framework we must achieve another purpose, namely, to...

Seanad: Defamation Bill 2006: Report and Final Stages (11 Mar 2008)

Brian Lenihan Jnr: Was it said outside the House?

Written Answers — Garda Strength: Garda Strength (6 Mar 2008)

Brian Lenihan Jnr: I have been informed by the Garda Commissioner that the total personnel strength of each Garda District in the Dublin Metropolitan Region (D.M.R.) on 31 December, 2002, 2006 and 2007 was as set out in the table hereunder: Division/District 31/12/02 31/12/06 31/12/07 DMR South Central Pearse Street 293 345 355 Kevin Street 193 214 226 Donnybrook 163 179 192 DMR Southern Crumlin...

Written Answers — Sentencing Policy: Sentencing Policy (6 Mar 2008)

Brian Lenihan Jnr: There are a number of different types of mandatory sentences. Firstly, mandatory life sentences apply to the most serious of offences including murder, treason and the offence of genocide in cases where the offence involves the killing of any person. Secondly, mandatory minimum sentences apply where a person is convicted of a second or subsequent offence under section 15A or 15B of the...

Written Answers — Visa Applications: Visa Applications (6 Mar 2008)

Brian Lenihan Jnr: The application referred to by the Deputy was lodged in the Honorary Consulate of Ireland, Manilla. The application form submitted when making the visa request was incorrect. The applicant has been advised of this and documentation, including the correct form, has been returned to them. The applicant must now submit a fresh application along with supporting documentation to the Consulate...

Written Answers — Citizenship Applications: Citizenship Applications (6 Mar 2008)

Brian Lenihan Jnr: Applications for certificates of naturalisation from the persons referred to in the Deputy's Question were received in the Citizenship section of my Department in July 2006. Officials in that section are currently processing applications received in mid 2005 and have approximately 6,200 applications on hand to be dealt with before that of the persons in question. These are generally dealt...

Written Answers — Garda Deployment: Garda Deployment (6 Mar 2008)

Brian Lenihan Jnr: On 31 January 2008, (the latest date for which figures are readily available), the personnel strength of Granard Garda Station and District was 29 and 42 respectively. The Deputy will appreciate that, as with any large organisation, on any given day, personnel strengths of individual districts may fluctuate due, for example, to promotions, retirements and transfers. It is the responsibility...

Written Answers — Garda Recruitment: Garda Recruitment (6 Mar 2008)

Brian Lenihan Jnr: Recruitment to An Garda Síochána is a matter in the first instance for the Public Appointments Service and then for the Commissioner of An Garda Síochána. While I have no function in the process, I can advise that the Garda Síochána (Admissions and Appointments) Regulations 1988 as amended, set out the requirements for entry to An Garda Síochána. The educational requirements, as set...

Written Answers — Residency Permits: Residency Permits (6 Mar 2008)

Brian Lenihan Jnr: An application for renewal of permission to remain in the State under the revised arrangements for non-EEA parents of children born in Ireland prior to 1st January, 2005, commonly referred to as the IBC/05 scheme, was received from the person concerned, on 16th May, 2007. I am pleased to inform the Deputy that the permission to remain for the person in question was renewed until 21st June, 2010.

Written Answers — Asylum Applications: Asylum Applications (6 Mar 2008)

Brian Lenihan Jnr: The person concerned applied for asylum on 31 March 2006 on her own behalf and on behalf of her two children. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), she was informed, by letter...

Written Answers — Legal Aid Service: Legal Aid Service (6 Mar 2008)

Brian Lenihan Jnr: I refer the Deputy to Parliamentary Questions No. 193 of Thursday 21 February 2008 and No. 326 of Tuesday 9 May 2006 and the written Replies to those Questions. As stated in the earlier Reply, the person concerned, accompanied by his two children, arrived in the State on 3 September 2004 and applied for asylum. His application was refused following consideration of his case by the Office of...

Written Answers — Asylum Applications: Asylum Applications (6 Mar 2008)

Brian Lenihan Jnr: I refer the Deputy to Parliamentary Questions Nos. 434 of Tuesday, 28 February 2006 and 538 of Tuesday, 14 February 2006 and the written Replies to those Questions. The person concerned arrived in the State on 9 August 2003 and applied for asylum. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, by the...