Results 11,521-11,540 of 16,537 for speaker:Brian Lenihan Jnr

Written Answers — Community Service Orders: Community Service Orders (27 Feb 2008)

Brian Lenihan Jnr: The Deputy will be aware that under the Criminal Justice (Community Service) Act, 1983, a Court may make a Community Service Order as an alternative to a sentence of imprisonment or detention in respect of any individual over the age of 16 years who has been convicted of a criminal offence and who consents to the Order being made. The Community Service Order requires an offender to perform...

Written Answers — Garda Deployment: Garda Deployment (27 Feb 2008)

Brian Lenihan Jnr: It is the responsibility of the Garda Commissioner to assign members of the Force throughout the country. In doing this he takes into account all relevant factors, including of course population but also including other factors such as crime rates and trends as well as operational priorities. The attested strength of An Garda Síochána as at the 31 January 2008, the latest date for which...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 28: In page 42, between lines 16 and 17, to insert the following: 61.—Section 29 of the Civil Legal Aid Act 1995 is amended by substituting the following for subsection (2): "(2) The Board may— (a) in accordance with regulations under section 37, provide legal aid or advice to an applicant without reference to his or her financial resources, (b) waive any...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I will assist the House as much as I can. I have not had the opportunity of examining the representation referred to by the Deputies. It is worth examining the current provision, which is that the board may provide legal aid or advice to an applicant without reference to his or her financial resources and may waive any contribution payable pursuant to this section. The regulations of 1996...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: The Deputy gave me the representation and I will have it examined and responded to.

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 29: In page 42, between lines 16 and 17, to insert the following: 62.—Section 30 of the Civil Legal Aid Act 1995 is amended— (a) by inserting the following after subsection (6): "(6A) Where the Board has granted a person a legal aid certificate for proceedings in any court or before any tribunal prescribed by the Minister under section 27(2), then, notwithstanding any...

Seanad: Civil Marriage: Motion (27 Feb 2008)

Brian Lenihan Jnr: The High Court settled that.

Seanad: Civil Marriage: Motion (27 Feb 2008)

Brian Lenihan Jnr: As the motion from the Independent Senators points out, it was my distinguished predecessor, Máire Geoghegan-Quinn, who in 1993 introduced the ground-breaking legislation to decriminalise homosexuality in this country. Senator Norris played a signal part in the evolution of the law in this area but she deserves credit for introducing the legislation.

Seanad: Civil Marriage: Motion (27 Feb 2008)

Brian Lenihan Jnr: Since that time, there has been much positive change for lesbians and gay men. A broad range of equality legislation and the associated equality infrastructure has been put in place. The Government's amendment to the motion before the House this evening quite properly records that progress and shows that in the particular area of protection against discrimination, Ireland has been to the...

Seanad: Civil Marriage: Motion (27 Feb 2008)

Brian Lenihan Jnr: I referred to the date on which the heads of the Bill will be published.

Seanad: Civil Marriage: Motion (27 Feb 2008)

Brian Lenihan Jnr: The High Court took a different view on that issue. It heard all that evidence as well.

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: There are good reasons retrospective legislation is only resorted to on very rare occasions. The particular instance which Deputy O'Shea has raised is that of a person who was in a normal landlord and tenant relationship. The relationship was terminated. The tenancy was terminated on the basis that the landlord would not extend the tenancy because the tenant would accrue rights under...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: While I did not take the Bill on Committee Stage, I had an opportunity to examine the Committee Stage discussion on this issue. I have some sympathy with the point of view expressed in this amendment. The law as it currently stands in regard to the age limit of jurors is that the upper age limit is 70 years with a right of persons aged between 65 and 70 to be excused. The proposed...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 22: In page 33, in line 5, to delete ", and" and substitute ",". Amendment No. 23 is consequential to an amendment made to the Video Recordings Act 1989 which was inserted into the Bill on Committee Stage. The amendment to section 31 of the 1989 Act which was inserted by the select committee relates to the fees which the Minister for Justice, Equality and Law Reform may...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 23: In page 33, line 19, to delete "purposes." and substitute the following: "purposes, and (r) in section 33, by substituting the following for subsection (2): "(2) The fees charged under this Act shall not be fixed at a level calculated to produce an annual amount which is less than that sufficient to discharge the expenses incurred in the administration of this Act.".

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 24: In page 38, line 7, to delete "and". These amendments, the first of which, amendment No. 24, is a technical drafting amendment consequential on amendment No. 25, were signalled on Committee Stage. The purpose of the substantive amendment, amendment No. 25, is to implement an extension to the recommendations of the working group on insurance-related issues in the...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I understand it is a problem that has not arisen to date but that might affect an Irish insurer in the future, or the capacity of an Irish-based insurer to compete in the market of another member state.

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 25: In page 38, line 12, to delete "1994)." and substitute the following: "1994), and (c) those classes of insurance which are contracts of insurance, or other insurance arrangements, which fall within paragraph (d) of the definition of "health insurance contract" (inserted by section 2 of the Health Insurance (Amendment) Act 2001) in the Health Insurance Act 1994 if, but...

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 26: In page 41, line 32, to delete "(iv)" and substitute "(v)". Amendments Nos. 26 and 27 are technical in nature and are required to correct the text of the Bill in the first instance and to clarify the text in the second.

Civil Law (Miscellaneous Provisions) Bill 2006: Report Stage (Resumed) and Final Stage (27 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 27: In page 42, to delete lines 7 to 16 and substitute the following: 60.—Section 28(9)(c)(i) of the Civil Legal Aid Act 1995 is amended— (a) by inserting "the Residential Tenancies Act 2004," after "property)," and (b) by deleting "the Rent Restrictions Acts, 1960 and 1967,".".