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Seanad: Local Government Bill 2003 [ Seanad Bill amended by the Dáil ] : Report and Final Stages. (28 May 2003)

Pat Gallagher: I apologise for the absence of the Minister, Deputy Cullen, who is meeting the British Minister for Energy this afternoon to discuss a matter of interest to everyone, namely, Sellafield. He is also obliged to appear before the Select Committee on the Environment and Local Government with regard to the Estimates today. The Local Government Bill 2003 was initiated in the Seanad last February...

Seanad: Local Government Bill 2003 [ Seanad Bill amended by the Dáil ] : Report and Final Stages. (28 May 2003)

Pat Gallagher: Having listened carefully to the Acting Chairman's ruling, I do not wish to stray into Second Stage debate. Given the opportunity, however, I would be delighted to debate the issue and respond to a number of the questions asked by Senators. When I used the word "confusion", I was referring to the difficulties that might arise from having the Local Government (No. 2) Bill 2003 become the Local...

Seanad: Criminal Justice (Illicit Traffic by Sea) Bill 2000: Second Stage. (27 May 2003)

Pat Gallagher: On behalf of the Minister for Justice, Equality and Law Reform, I am pleased to present to the House the Criminal Justice (Illicit Traffic by Sea) Bill 2000. The enactment of this Bill will enable Ireland to accede to the Council of Europe Agreement on Illicit Traffic by Sea implementing Article 17 of the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic...

Seanad: Criminal Justice (Illicit Traffic by Sea) Bill 2000: Second Stage. (27 May 2003)

Pat Gallagher: I wish to express my gratitude to Senators Terry, Tuffy, Jim Walsh, Kett and the Leas-Chathaoirleach. I hope the Bill can be enacted quickly so that we can continue to reinforce our commitment – in this instance in conjunction with our international partners – that no effort will spared to bring drug traffickers to justice wherever they may seek to operate. In response to Senator Kett's...

Seanad: Licensing of Indoor Events Bill 2001: Committee and Remaining Stages. (7 May 2003)

Pat Gallagher: We will deal with the coupled amendments Nos. 1 and 10, tabled by Senator Bannon. I cannot disagree with anything he has said about the importance of fire safety. The feeling is unanimous in both Houses that we have a duty and obligation in relation to fire safety. Regarding the proposal to insert "chief fire officer or inspection officer" in the Bill, the person authorised by the fire...

Seanad: Licensing of Indoor Events Bill 2001: Committee and Remaining Stages. (7 May 2003)

Pat Gallagher: While I appreciate that Senator Bannon is trying to strengthen the legislation, we have already done this by incorporating section 29(c) which inserts a new subsection (5) in section 18 of the Fire Service Act. We have now given authority to the authorised officer – who could be the chief fire officer, assistant fire officer or senior officer – to issue a closure notice. Depending on the...

Seanad: Licensing of Indoor Events Bill 2001: Committee and Remaining Stages. (7 May 2003)

Pat Gallagher: Each fire authority has one chief fire officer. This chief fire officer, unlike a politician, cannot be on call 24 hours a day, 365 days of the year. It would be extremely serious if this power were vested in the chief fire officer alone or in the the county manager. We are vesting this power in the authorised officer, appointed by the fire authority. While it is likely to be the chief fire...

Seanad: Licensing of Indoor Events Bill 2001: Committee and Remaining Stages. (7 May 2003)

Pat Gallagher: I am not sure if there are any county managers who were chief fire officers. It is somewhat irrelevant. The authorised officers, to be appointed by a fire authority county manager, will definitely be chief fire officers, senior fire officer or assistant fire officers. It is not necessary to insert ", through its Chief Fire Officer or Inspection Officer," as they are all covered under the term...

Seanad: Licensing of Indoor Events Bill 2001: Committee and Remaining Stages. (7 May 2003)

Pat Gallagher: I have no difficulty with the principle behind the amendments, which are similar to the amendments tabled in the in Dáil prior to Easter. Of course, a number of years down the road whether the fine is €3,000 or €1.3 million on indictment, it may need to be increased. That is a problem that has always existed. This matter will be resolved and responsibility for the indexation of fines is...

Seanad: Licensing of Indoor Events Bill 2001: Committee and Remaining Stages. (7 May 2003)

Pat Gallagher: I am pleased to have the opportunity to clarify what I said earlier. I do not want any ambiguity whatsoever. This has to be totally black and white. I said that if it was not to be index-linked, €3,000, on summary, or €1.3 million, on indictment, in the year 2020, for example, would not be a great deal. I was merely making the point that index-linking would overcome all difficulties....

Seanad: Licensing of Indoor Events Bill 2001: Committee and Remaining Stages. (7 May 2003)

Pat Gallagher: If that was the situation, we would be sitting 365 days of the year to cover every Bill. A fines Bill will include the issue of indexation and will deal with the issue across all Acts of the Oireachtas. There will be no necessity to return to this Bill. The Finance Bill will deal with the entire spectrum and with all Acts of the Oireachtas. It will not be necessary to return to every Act...

Seanad: Licensing of Indoor Events Bill 2001: Committee and Remaining Stages. (7 May 2003)

Pat Gallagher: Section 25 replaces section 5 of the Fire Services Act 1981 with a new section 5, which updates the penalty provisions of the 1981 Act and brings them into line with current practice. Indexation will then take over. It also removes the complicated procedures for dealing with offences under sections 18(2), 20 and 37 as set out in the old section 5(3) of the Fire Services Act 1981. This...

Seanad: Licensing of Indoor Events Bill 2001: Committee and Remaining Stages. (7 May 2003)

Pat Gallagher: Section 30 deals with the closure notice to be inserted into the Fire Service Act 1981. These amendments have been recommended by the parliamentary counsel and are mainly textual or technical in scope. Their purpose is to improve the text of the Bill and provide for greater clarity in the provisions of the section.

Seanad: Licensing of Indoor Events Bill 2001: Committee and Remaining Stages. (7 May 2003)

Pat Gallagher: No. The amendments are mainly textual or technical in scope. For example, amendment No. 12 inserts a comma after the word "declares" in page 22, line 22; amendment No. 13 inserts the word "or" after the word "served," in page 22, line 23 and amendment No. 20 inserts the words "and obtained" after the word "sought" in page 23, line 45. The amendments seek to improve the Bill, not to provide...

Seanad: Licensing of Indoor Events Bill 2001: Committee and Remaining Stages. (7 May 2003)

Pat Gallagher: I thank the Senators who participated in the debate on Second and Committee Stages. Amendments tabled by the Government were important and I thank the House for accepting them unanimously. The amendments which have been approved here will be considered by the Dáil as soon as possible and the Bill will hopefully be enacted at an early date. I wish to respond to an issue which is in the public...

Seanad: Licensing of Indoor Events Bill 2001: Second Stage. (15 Apr 2003)

Pat Gallagher: I welcome the opportunity to appear before the Seanad today to discuss the Licensing of Indoor Events Bill 2001, the primary purpose of which is to ensure public safety at large-scale indoor events. The Bill is set out in three Parts. Parts 1 and 2 relate to the licensing system for indoor events while Part 3 relates to amendments to the Fire Services Act 1981. Like anyone else going out for...

Seanad: Licensing of Indoor Events Bill 2001: Second Stage. (15 Apr 2003)

Pat Gallagher: I thank Senators from all sides for their very constructive contributions to this all important debate on the Licensing of Indoor Events Bill 2001. I appreciate it is some time since the Bill was originally initiated as it took a long time to get into the queue. It is almost complete and I have no doubt we will get the necessary co-operation from the House with a view to ensuring we can...

Seanad: Licensing of Indoor Events Bill 2001: Second Stage. (15 Apr 2003)

Pat Gallagher: The legislation also covers churches, a subject Senators may wish to discuss at a later date. As far as venues are concerned, each event will require a licence as crowd management issues vary with the type of gig and audience profile. A rave gig with a teenage audience would require a high level of crowd control, whereas a classical concert would not. For example, a Daniel O'Donnell concert...

Seanad: Licensing of Indoor Events Bill 2001: Second Stage. (15 Apr 2003)

Pat Gallagher: It can vary from time to time. Senator Quinn raised a question concerning the recommendations of the Farrell, Grant Sparks report on fire safety and services, including the proposal to establish a national fire authority. A number of recommendations are being considered by the Minister. We can all agree that there are many positive recommendations to improve the delivery of fire services. It...

Seanad: Motor Vehicle (Duties and Licences) Bill 2003: Committee and Remaining Stages. (2 Apr 2003)

Pat Gallagher: The amendment proposes to give primacy to tertiary roads in the context of extra revenue generated by the increases in motor tax set out in the Bill. I cannot accept it as to give statutory priority to a particular class of road such as tertiary roads would set a most unwelcome and inflexible precedent. Senator Tuffy, supported by Senator Bannon, is saying the €65 million should be spent on...

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