Results 13,761-13,780 of 21,096 for speaker:Charles Flanagan

Joint Oireachtas Committee on Justice, Defence and Equality: Court of Appeal Appointment: Discussion (28 Jun 2017)

Charles Flanagan: I can categorically state, in my own knowledge, that I was not party to any discussions, nor could I expect to be. Again, I come back to the constitutional and legal point that the manner in which these appointments are made - under current law and under the current Constitution - is on the advice of Government to the President as to the appointment of a person who is deemed after due...

Select Committee on Justice and Equality: Business of Select Committee (28 Jun 2017)

Charles Flanagan: I am keen to facilitate the committee under the Chairman's direction. I am in his hands on all occasions at which I attend here as Minister. I wish to acknowledge the importance of this committee. In my previous ministerial iteration or guise, I always acknowledged the importance of the appropriate committees and those committees would have acknowledged that we worked in a mutual manner....

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: This group of eight amendments, namely, amendment No. 1 and amendments Nos. 3 to 9, inclusive, all relate to the scope of the Bill. I acknowledge the contribution of my predecessor, the Tánaiste, Deputy Fitzgerald, on this legislation. I hope we can advance matters today and set a date for future progress also. Following publication of the Bill and Second Stage discussions, my...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I think it states that anything that is capable of a civil action at some stage could be the subject matter of mediation. The proceedings do not have to be prepared, served and issued.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I cannot resist acknowledging the rather unusual context of Deputies Wallace and Daly seeking to provide for privacy and confidentiality. My experience with both Deputies is otherwise. I am happy to hear the submissions. Discussions on amendment No. 10 should have regard to later amendments, Nos. 28 and 31. I would draw the attention of Deputies to section 10, which sets out in some detail...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 3:In page 7, to delete lines 1 and 2 and substitute the following:“ “proceedings” means civil proceedings that may be instituted before a court.”.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 5:In page 7, line 10, to delete “(1) Subject to subsections (2) and (3), this Act shall apply to any civil proceedings.”.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 8:In page 7, line 11, to delete “any of the following”.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 9:In page 7, to delete lines 31 to 37.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: The amendment covers ground that has already been referred to. I appreciate the point raised by Deputy Wallace, and indeed the intention behind the amendment, but I really do not see a pressing need for it. Having regard to section 10 already dealing in detail with the issue of confidentiality, the committee will also note that I have tabled amendment No. 29 for later on, which will further...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: In response to Deputy Wallace, when he says that it makes sense, I do not take the view that it does not make sense. I merely take the view that a strict reading of section 10 will cover all aspects of confidentiality in a way that I believe to be absolutely sufficient. In the circumstances, I see the amendment as being less than necessary.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I do not wish to divide the committee. I do not see it as necessary. I can live with it and accept it.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: When I said that I am not going to divide the committee, I meant that I am not going to be responsible for the committee dividing.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: Entirely in that spirit, I reluctantly accept the amendment.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 11:In page 10, line 1, to delete “terminated.” and substitute the following:“terminated;”. “(g) such other terms (if any) as may be agreed between the parties and the mediator.”. Section 7 concerns the agreement to mediate to be signed by the parties and the mediator. I have tabled this amendment following a submission from the...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: This group of amendments deals with the issue of a code of practice for mediators under section 9 of the Bill. As regards section 8, I am unable to accept amendment No. 12 in the name of Deputy Wallace and amendments Nos. 13 and 14 in the name of Deputy Daly. Amendment No. 12 proposes to amend section 8(1)(c) in a manner which would require a mediator to furnish the client with a code of...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I note that Deputy Wallace has indicated his intention to withdraw amendment No. 12 and I welcome that. I merely wish to make the point that should section 9(1) be changed to impose a duty on the Minister by inserting "shall" rather than "may", it would exclude the likely probability of there being more than one code of practice. I listened to the point raised by Deputy O'Callaghan, but the...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: In response to the point Deputy Daly made in respect of any code of practice and the relationship between section 8(1)(c) and the obligation on the mediator to furnish to the parties any code of practice he or she has, I believe that should be read in the context of section 9(1). I ask the Deputy to let me deal with that specific issue on Report Stage and not to press that particular...

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I very much accept that. I acknowledge the Deputy's right to come back to this on Report Stage but I am unable to accept the amendment having regard to section 9. I ask her to leave it with me. I will see what I can do between now and Report Stage.

Select Committee on Justice and Equality: Mediation Bill 2017: Committee Stage (28 Jun 2017)

Charles Flanagan: I move amendment No. 16:In page 10, line 34, to delete "a code" and substitute "codes". I will withdraw the amendment on the basis that I will examine the issue. This relates to the possibility of there being more than one code of practice.