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Residential Tenancies (Deferment of Termination Dates of Certain Tenancies) Bill 2022: Second Stage (26 Oct 2022)

Michael McNamara: I have a fundamental problem with this Bill, because the purpose of it is to transfer responsibility for a series of failures of government over decades onto the private sector and, in particular, onto a small group in the private sector who are less well equipped to bear the burden of that than another group in the private sector. Before I was elected to this Dáil, I worked as an...

Ceisteanna ar Pholasaí nó ar Reachtaíocht - Questions on Policy or Legislation (26 Oct 2022)

Michael McNamara: Despite the problem dereliction presents across the entire State, there were only 1,415 sites across the whole State on the derelict sites register of the various county councils at the start of this year. No property was compulsorily purchased in 17 counties last year and no levies were levied by 14 county councils. The Minister for Housing, Local Government and Heritage has introduced a...

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: I wish to raise a point of order. Standing Order 183 of the Standing Orders of the Houses provides: Where Bills are to be substantially amended at Committee or Report Stage the Ceann Comhairle or Cathaoirleach of the Committee as the case may be shall have discretion to direct that the member in charge of the Bill must provide a revised explanatory memorandum to assist members in...

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: Maybe not on the definitions but on the procedure for making a notice, I have observations. Will I raise them now?

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: I do not have a problem with section 19 per se.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: How is it to be determined that a vendor is a high-risk vendor? What procedures are in place to challenge such a determination? I noticed that one can take an appeal to the High Court. I may be misreading this but it seems the Minister can offer information to the High Court to justify his or her decision and require that this information not be provided to a party to the appeal. Although...

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: I get all that, but is what I have outlined what is proposed?

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: The information that the Minister has which supports that assertion is provided to the court but is unavailable to the other party. Is that really being proposed?

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: That information will not be provided to the person who is appealing the decision.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: It is an extraordinary proposition in law that we are going to legislate to the effect that the Minister can make such a decision. Someone from the American Embassy could call, for example. Is there anyone here wearing a trench coat who I might offend? Perhaps someone from the Russian Embassy, if we are friends again, or the Chinese Embassy might call. Let us be honest that this is really...

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: I was referring to the section of the Bill which outlines that failure to respond to the notice has criminal consequences.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: Where would the information come from to justify that?

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: The security services of which State?

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: We have an extensive security service in China, have we?

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: Let us be honest, we are talking about Chinese components here.

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: From where are we going to get the information? I do not think we have a security service that operates outside of our State. Where would we get the information to suggest that components being manufactured in another state pose a threat?

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: From where will that centre get the information?

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: Those bodies do not operate outside the State. From where are they going to get that information?

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: I want to focus on two issues. In terms of appalling vistas, a judge once dismissed the whole idea of an appalling vista. He was a very good judge, one of the better ones on the Bench in England and Wales at the time. Unfortunately, the appalling vista came to pass, so they do happen. The idea is not to provide powers that enable them to happen. I see one of the officials finds this...

Select Committee on Transport, Tourism and Sport: Communications Regulation Bill 2022: Committee Stage (26 Oct 2022)

Michael McNamara: Do I understand correctly that it is ComReg that enforces this?

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