Results 1,421-1,440 of 3,356 for speaker:Feargal Quinn

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I move amendment No. 5: In page 6, before section 8, to insert the following new section: 8.—(1) Where any amount due under a construction contract is not paid in full by the day on which the amount is due, the executing party may suspend work under the construction contract by giving notice in writing under subsection (2). (2) Notice under this subsection shall specify the grounds on which...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I move amendment No. 6: In page 6, before section 8, to insert the following new section: 8.—(1) A party to a construction contract has the right to refer for adjudication in accordance with this section any dispute relating to payment arising under the construction contract (in this Act referred to as a "payment dispute"). (2) The right under subsection (1) applies in spite of any term of...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: My enthusiasm for adjudication came about when I learned of the British figures. In 1998 the United Kingdom introduced this form of adjudication. While my figures may be a few months out of date, more than 20,000 disputes in construction have occurred in the past 12 years with fewer than 400 going to court. They went to adjudication and the adjudicator's decision was accepted by all but...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I will repeat the Minister of State's words. Senator Coghlan's suggestion is worthy of consideration. Today's business, which we hope is the final Stages of the Bill in the Seanad, also acts in the manner of a Second Stage debate for the Dáil. I do not like to say that, but considering there might not be a Seanad in a couple of years' time perhaps people should get used to this and...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I move amendment No. 7: In page 6, before section 8, to insert the following new section: 8.—(1) Where any amount due pursuant to the decision of the adjudicator is not paid in full before the end of the period of 7 days beginning with that on which the decision is made, the executing party may suspend work under the construction contract by giving notice in writing under subsection (2)....

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I move amendment No. 8: In page 7, before section 9, to insert the following new section: 9.—(1) The Minister shall from time to time select persons to be members of a panel (in this section referred to as the "panel") to act as adjudicators in relation to payment disputes and shall select one of those persons to chair the panel. (2) Persons selected under subsection (1) shall be members of...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I move amendment No. 9: In page 8, before section 10, to insert the following new section: 10.—The Minister may prepare and publish a code of practice governing the conduct of adjudications under section 8.".

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I move amendment No. 10: In page 8, before section 10, to insert the following new section: 10.—(1) The parties to a construction contract may agree on the manner by which notices under this Act shall be delivered. (2) If or to the extent that there is no such agreement, a notice may be delivered by post or by any other effective means.". This is a very simple amendment that deals with the...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I move amendment No. 11: In page 8, before section 10, to insert the following new section: 10.—(1) This Act may be cited as the Construction Contracts Act 2011. (2) This Act applies in relation to construction contracts entered into after such day as the Minister may by order appoint.". This amendment provides for the short Title and commencement arrangements for the Bill and provides that...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I propose that this section be deleted.

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I move amendment No. 1: In page 3, before section 2, to insert the following new section: 2.—(1) In this Act— "construction contract" means (subject to subsection (2) and section 3*) an agreement (whether or not in writing) between an executing party and another party, where the executing party is engaged for any one or more of the following activities: (a) carrying out construction...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: I refer to the comments of Senator Norris. I thank him for his kind words but I must correct him on one point. This Bill did not come about because of the construction industry approaching me. It was not a great honour for the Seanad. Mr. Seán Gallagher was upset by an experience he had and he wrote to his local representative in Cavan-Monaghan, Deputy Margaret Conlon, and she circulated...

Seanad: Construction Contracts Bill 2010: Committee and Remaining Stages (8 Mar 2011)

Feargal Quinn: In response to Senator O'Malley, I understand her concern. Materials were not included in this legislation. The reason is that there is sufficient legislation in this regard. If someone sells me a car and I do not pay, I owe money and the person can get that money from me through various methods. What we have included in the legislation makes the clarification in regard to that, so that...

Seanad: Order of Business (8 Mar 2011)

Feargal Quinn: If we in this House are to find our way, we must earn our keep. We have done so to a certain extent today. I thank the Leader for arranging for the House to sit today because it has not sat for a number of weeks. We are meeting in order to pass the Construction Contracts Bill which I hope we will pass today. I appreciate the Leader's response to my request that we do so. I do not...

Seanad: Order of Business (8 Mar 2011)

Feargal Quinn: We do not deserve to stay alive if we do not do so. When I was playing rugby for Newbridge College many years ago, the trainer used to refer to the attacking team and the defending team. When I asked him what he meant by "the attacking team" and whether this was determined by the position of the ball on the field, he replied that it was not, that the attacking team was the team in...

Seanad: Finance Bill 2011 (Certified Money Bill): Report and Final Stages (29 Jan 2011)

Feargal Quinn: I remind the House that I supported what became the civil partnership Act when it was being debated. However, I also supported some of the amendments relating to it that were lost. One of the amendments I wished to support was that to which Senator Mullen referred. I think the Senator is correct in saying that if we are going to make an exception for civil partners, then we must ensure we...

Seanad: Finance Bill 2011 (Certified Money Bill): Committee Stage (Resumed). (29 Jan 2011)

Feargal Quinn: I understand how these deadlines were overlooked. If we want to make Ireland attractive for small businesses to start up in, we need to remove much of the red tape. Several years ago Panama decided it was going to encourage new businesses to open there. One measure it introduced to achieve this ensured it would take only seven hours for a business to go through the paperwork needed to set...

Seanad: Finance Bill 2011 (Certified Money Bill): Committee Stage (Resumed). (29 Jan 2011)

Feargal Quinn: I am surprised at this provision because it appears to be far over the top. I am probably guilty of not knowing the Constitution well enough but it appears likely that it would be outside a person's constitutional rights to do this. If I understand "the relevant person to the taxpayer as emoluments under contract of service" correctly, it means that if somebody is entitled to a salary, the...

Seanad: Finance Bill 2011 (Certified Money Bill): Committee Stage (Resumed) (29 Jan 2011)

Feargal Quinn: I voice my support for what Senator O'Toole stated but particularly for what Senator Harris stated. For years we have encouraged people to plan for their retirement and their pension and now we are creating a disincentive, to quote the word used by Senator O'Toole, to what we as a State should be encouraging people to do. It is not the only one. There are other instances in the Bill where...

Seanad: Finance Bill 2011 (Certified Money Bill): Committee Stage (Resumed) (29 Jan 2011)

Feargal Quinn: I have a problem because I wish to raise one topic under section 19. I gather-----