Results 12,861-12,880 of 13,214 for speaker:Pat Gallagher

Seanad: National Monuments (Amendment) Bill 2004: Committee Stage. (6 Jul 2004)

Pat Gallagher: I appreciate that. We could not move on if section 5 was not accepted. Section 6 is opposed, but it amends the provision under section 23 of the principal Act relating to the discovery or archaeological objects by removing the requirement to report such objects found by a person in pursuance of a consent granted or of directions issued by the Minister under section 14 or in connection with an...

Seanad: National Monuments (Amendment) Bill 2004: Second Stage. (1 Jul 2004)

Pat Gallagher: This has been a most interesting debate to which, unfortunately, I have only about five or six minutes to respond. I would have liked more time, but I will try to cover the various points in the limited time available. It is fair to say this Bill is intended to provide a balance between the protection of our heritage and the necessity to provide much-needed infrastructure, in this case the...

Seanad: National Monuments (Amendment) Bill 2004: Second Stage. (1 Jul 2004)

Pat Gallagher: I have been sitting here since this morning and interrupted no one. I am not in and out as it suits as I am doing my job. No one has asked what will happen if this Bill is not enacted. The injunction will continue, and two sections can continue to be built but not connected. I am sure the Opposition knows there will be sizeable penalty payments to the contractor after the end of July. That is...

Seanad: National Monuments (Amendment) Bill 2004: Second Stage. (1 Jul 2004)

Pat Gallagher: I will deal with that. The Bill provides that ministerial directions affecting approved road developments must be sent to An Bord Pleanála. Those are additional safeguards not provided under existing legislation. Senator Brian Hayes made a reasonable point about the turnaround time regarding national monuments. Of course, the Department is obliged to consult the museum on approximately 2,000...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: I made it clear on Committee Stage why it is necessary to include this section in the Bill. Section 100 clearly removes any possibility of old, obscure legislative provisions being used to undermine the intent of this Bill. It prevents such provisions from being used to impose legal technicalities on the service. Much of the old legislation dates from the 18th or 19th century, but some, as I...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: Any Acts that are being repealed are clearly referenced in the legislation. If we knew which other Acts were involved, they would also be referenced. We are trying to ensure that in the event of the discovery of a relevant Act after the enactment of this Bill, it will not affect the operation of the legislation. There may be some local Acts that have not yet been discovered. The officials...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: I thank the Senators, particularly those who took an active interest in this debate — the Opposition spokespersons, Senators Bannon and McCarthy, and on the Government side, Senators Brady and Kitt — and monitored the passage of the legislation through the House. I thank everybody who contributed to the debate. Although all sides did not always agree about the various points, they...

Seanad: National Monuments (Amendment) Bill 2004: Second Stage. (1 Jul 2004)

Pat Gallagher: The protection of our archaeological heritage has been a primary concern of Government since the foundation of the State. This is clear from the considerable body of protective legislation which has been enacted over the years, in particular the National Monuments Acts 1930 to 1994. Ireland has also ratified the European convention on the protection of archaeological heritage, known as the...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: I dealt comprehensively with this issue on Committee Stage. I accept that it is a fundamental matter of concern to everybody with an interest in the role and functions of local government. I acknowledge Senator McCarthy's concerns in this regard. I assure the House that I am not undermining the role of elected representatives, or excluding them from the process, by providing that the...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The wording of section 45, to which amendment No. 15 refers, was altered on Committee Stage. It now provides that "a person who causes any damage" to a pipe "is guilty of an offence". The change addressed the intention of Senator Bannon's original Committee Stage amendment, which raised concerns about damage being caused to a pipe indirectly by the actions of a third party. Senator Bannon...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: As I pointed out when we debated this matter on Committee Stage, the amendment purports to remove any possibility that another provision in this Bill or another enactment might provide for a change in the status quo established under section 46 and enable alternative consultation requirements to apply. The amendment is not considered appropriate. On the contrary, it is considered reasonable...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: Senator Bannon is correct that I indicated on Committee Stage that I would consider this amendment and seek advice on it and I have done so. I reviewed the amendment on the assumption that it would be re-tabled but I point out to the House that if the amendment was accepted, the wording of the section would state "so as to require the Minister to consult with any Minister of the Government...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The purpose of section 50, to which amendment No. 18 refers, is to enable a water services authority to enter into an agreement with any person to provide water services infrastructure with a view to that person subsequently transferring ownership of it to the water services authority. The agreement referred to does not relate directly to the discharge of its functions per se by a water...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: I understand the principle behind the amendment and the case being made by Senator Bannon, but I wish to outline the reasons I cannot accept it. We had a long discussion on this amendment on Committee Stage and while peripheral issues were raised at that time, I understand the substantial issue has been dealt with fully. I reiterate my view that the insertion of a provision restricting...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: While Senator Bannon did not intend it, the words "cronyism" and "corruption" — I am not sure if "nepotism" was used — are sweeping. It is important that no impropriety arises out of the public procurement process. I have always recognised the importance of the private sector as the driving force in the economy. If allegations are made about the process, they should be substantiated. All...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: The provision in subsection 7, which is based on the existing provisions for trade effluent licensing under the Local Government (Water Pollution) Act 1977 and will be consolidated into this Bill, is intended to weed out old dormant licences and ensure that all licences are relevant and current. It is possible that a particular operation may be legitimately licensed for occasional, sporadic...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: We are not looking over our shoulder. We are very realistic and aware that there is legislation elsewhere which might be helpful in drafting our legislation. We have drawn a line in the sand and are consolidating legislation in a Bill of some 100 sections. I made it clear last week that if some legislation were to turn up, even going back as far as 1250, we would draw a line in the sand. To...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: This is merely a drafting amendment to correct a minor error.

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: Senator Bannon is right. We discussed this on Committee Stage in conjunction with a Government amendment to give greater flexibility to An Bord Pleanála in dealing with appeals regarding trade effluent licensing under section 63. The revised provision in subsection (2), as amended on Committee Stage, now enables the board either to allow or refuse an appeal altogether or, alternatively,...

Seanad: Water Services Bill 2003: Report and Final Stages. (1 Jul 2004)

Pat Gallagher: I reiterate my position as outlined on Committee Stage. If we were to accept these amendments they would place an unreasonable obligation on the owner of a premises to ensure that the actions of a tenant would conform with the requirements under section 70 which deal with the general duties of an owner or an occupier. This would mean that if the tenant were responsible for any damage, an...