Results 11,681-11,700 of 18,851 for speaker:Fergus O'Dowd

Confidence in the Minister for Justice and Equality; and Defence: Motion (Resumed) [Private Members] (2 Apr 2014)

Fergus O'Dowd: The Minister, Deputy Shatter, is clearly one of the most effective Ministers of Justice and Equality we have ever had since the foundation of the State. He has been a most reforming Minister, enacting 21 separate pieces of legislation during the past three years. He has overseen a further five Bills which are currently before the Oireachtas and he is directly involved in drafting an...

Written Answers — Department of Communications, Energy and Natural Resources: Renewable Energy Incentives (2 Apr 2014)

Fergus O'Dowd: The National Renewable Energy Action Plan projects that heat from renewable sources will amount to 12% in the context of achieving our 2020 renewable energy targets. The uptake of the Combined Heat and Power (CHP) capacity under REFIT 3, launched in early 2012, will make a contribution to achieving this, along with migration to renewable heat in response to market forces. The requirements of...

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (Resumed) (1 Apr 2014)

Fergus O'Dowd: The Senator wants to delete section 23(2)(c). Section 23 deals with data sharing and data exchange. It is intended to allow the Courts Service to obtain information from the Revenue Commissioners or the Minister of Social Protection to assist in the recovery of fines. As the Senator points out, paragraph (c) allows for a person or body other than Revenue or the Minister for Social...

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (Resumed) (1 Apr 2014)

Fergus O'Dowd: Senator Quinn wishes to see this section removed from the Bill but the section provides for the making of attachment orders directing a person’s employer to deduct a fine from the person’s earnings and pay it to the Courts Service. The introduction of attachment of earnings is a commitment in the programme for Government and it is one that makes a lot of sense. When the court...

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (Resumed) (1 Apr 2014)

Fergus O'Dowd: The maximum order that can be made where someone receives a social welfare payment is €2 per week. That would take a significant length of time. It is felt that the individual who must pay the fine should consider the three options, and one is therefore not being considered. The Senator could raise this on Report Stage next week.

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (Resumed) (1 Apr 2014)

Fergus O'Dowd: I thank the Senators for their comments and views and I understand the concerns. I suppose the proportionality of the action is key, and the Senator is concerned that if the action is not proportionate to the initial offence, there will be a significant adverse impact. Section 8 provides for the appointment of receivers under a recovery order made by the court. Recovery orders will be made...

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (1 Apr 2014)

Fergus O'Dowd: I will bring the comments of the Senators to the attention of the Minister for Justice and Equality for due consideration. I take the points they have made, particularly the last one. I will ask the Minister to re-examine the issue.

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (1 Apr 2014)

Fergus O'Dowd: The provisions relating to recovery orders are the same as those in the Fines Act 2010. While the issue of a person's home is not addressed, it is difficult to conceive of a situation where a court would permit the seizure and disposal of a person's home to recover a fine. It would have to act proportionately. Under the legislation, the fine should be set at a level that takes account of...

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (1 Apr 2014)

Fergus O'Dowd: In this Bill, there is an incorrect cross-reference to subsection (4) at the start of section 8(1)(a). This amendment corrects the reference which should be to section 7(2).

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (1 Apr 2014)

Fergus O'Dowd: I thank Senator Quinn for raising this issue. The amendment, if accepted, would have the effect of allowing for the appointment of a receiver under section 8(1)(a) but would prevent the receiver from seizing property and selling it. This would greatly reduce the efficacy of the receiver provisions in the Bill. I do not think the definition of property here is a house. Subject to...

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (1 Apr 2014)

Fergus O'Dowd: These amendments address a number of issues. In the first instance, the Minister has considered again the orders to be made in default and is proposing a change from what is currently in the Bill. In the Bill as it stands, a court can make any one of an attachment order, a recovery order or a community service order in default. The Minister proposes to change this so that the court will...

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (1 Apr 2014)

Fergus O'Dowd: A priority is established beginning with the attachment order, which is attached to earnings rather the individual. I presume that a recovery order would be made where assets are available to be disposed of and that a community service order would be used where it is not possible to recover assets. A community service order provides for discretion in that context and that is probably why it...

Seanad: Fines (Payment and Recovery) Bill 2013: Committee Stage (1 Apr 2014)

Fergus O'Dowd: I am standing in for the Minister, Deputy Shatter, who has to attend to other business this afternoon. He sends his apologies. I propose to take amendments Nos. 1 and 2 together. In the Bill, as it stands, only fines greater than €100 in value can be paid by instalments. However, under section 6(5)(b) where more than one fine is imposed at a court sitting, these fines can be added...

Seanad Reform Bill 2014: Second Stage (Resumed) [Private Members] (28 Mar 2014)

Fergus O'Dowd: I would like to point out to Deputy Mathews that we have made significant progress, North and South, as a result of actions taken by this Parliament, regardless of government, in bringing peace to our land. Now we have shared Administration in the North and, thank God, after many years of violence, there is no violence on the streets. This is a result of our Government, the British...

Seanad Reform Bill 2014: Second Stage [Private Members] (28 Mar 2014)

Fergus O'Dowd: Perhaps he will do it again.

Seanad Reform Bill 2014: Second Stage [Private Members] (28 Mar 2014)

Fergus O'Dowd: The Deputy would win it every time.

Seanad Reform Bill 2014: Second Stage [Private Members] (28 Mar 2014)

Fergus O'Dowd: -----to analyse a Bill section by section but we want to be helpful to the Fianna Fáil Members who are here. It is important today to identify and highlight some of the incomplete and unworkable provisions in the Bill. The Constitution stipulates that Members of the Seanad are elected by secret postal ballot. Arising from this provision, ballot papers are issued to voters by...

Seanad Reform Bill 2014: Second Stage [Private Members] (28 Mar 2014)

Fergus O'Dowd: I welcome this debate but I utterly refute the content and tone, as well as the hypocrisy shown by the leader of Fianna Fáil on the other side. I note his sorry ranks today and there is at least one fellow traveller with a red tie who, in times of serious political issues, voted with the party's former leader, Bertie Ahern, and kept him in power during the most appalling ruining of our...

Seanad Reform Bill 2014: Second Stage [Private Members] (28 Mar 2014)

Fergus O'Dowd: I represent the Government this morning.

Seanad Reform Bill 2014: Second Stage [Private Members] (28 Mar 2014)

Fergus O'Dowd: I did not interrupt anybody over there. The party is noted for its absence more than its presence. Deputy Martin's attack on Oireachtas committee chairmen is disgraceful and should be withdrawn. He correctly pointed out that some committees are properly chaired by members of different parties, but the Deputy is being partisan in his treatment of committee chairmen who do not have his...