Results 15,541-15,560 of 16,537 for speaker:Brian Lenihan Jnr

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: I would be obliged if the Senator re-tabled the amendment on Report Stage, if she wants a fuller assurance on the constitutionality of the issue involved. Purely in terms of the language involved, I am not satisfied the amendment adds anything to the provision as provided for in the section as it stands. Section 17 makes clear in its second subsection that the purpose of the first subsection...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: The Senator's point is valid and I accept the amendment.

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: This is a drafting amendment regarding the renumbering of sections.

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: These amendments are important and relate to the establishment of the Registration of Deeds and Title Rules Committee under section 44. Following the decision to establish the Property Registration Authority, consultations took place between the Department of Justice, Equality and Law Reform and the Land Registry to examine the provisions under section 26 of the Bill and the existing rules...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: Amendments Nos. 64 to 66, inclusive, relate to membership of the Registration of Deeds and Title Rules Committee which has been amended to replace reference to the registrar of deeds with the chairperson of the authority and the Registrar of Titles with the chief executive of the authority. Amendment No. 67 in the name of Labour Party Senators proposes that the chief executive officer of the...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: The rules must be laid before the Houses of the Oireachtas under the amendments which have been tabled and this is provided for.

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: Yes. That is the position with regard to that issue. On the wider issue of the required concurrence of the Minister, this is the traditional formula used in connection with the rules of court where it is felt that there is a strong professional interest in the nature and character of the rules. However, the Minister, in the public interest, must have a final concurrence with whatever is...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: That is correct. The Minister has the power of concurrence. While the Oireachtas delegates substantial authority to rules making committees, whether in the context of detailed legal arrangements for the registry of deeds and title or in respect of the courts, public interest must prevail and the Minister must have ultimate say on the approval of such an order. Otherwise we are surrendering...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: Section 27 deals with the very important question of the prioritisation of instruments and deeds. When I first saw this amendment, I thought that Senator Tuffy was about to make her name as somebody who is affecting a fundamental change in our law. In fact, section 27 states: "Nothing in this Part affects the registration or priority of any deed, (a) lodged or presented for registration...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: The substance of the amendment was accepted in the redrafting of the section.

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: The purpose of this amendment is to insert a definition of the Registration of Title Act 1964 to ensure that all book indexes, documents or information contained therein may be held in electronic format. It brings the 1964 Act in line with the proposed definition of the term "record" in section 5 of the Bill.

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: The difficulty is that section 32, dealing with the rectification of errors in registration, is one that is contained in the land registration legislation. Therefore, the jurisdiction of the courts in a matter such as this has to derive from the Land Registry. It cannot derive from general law. The Land Registry cannot be held responsible for errors made outside its function. The whole...

Seanad: Registration of Deeds and Title Bill 2004: Committee Stage. (14 Jun 2005)

Brian Lenihan Jnr: This section provides for changes in the method by which compensation for error, fraud or forgery is dealt with. These matters are dealt with in the section 160 of the 1964 Act. The new wording avoids any reference to the determination of a claim by the Registrar. This is a matter that had been the subject of adverse comment by the courts.

Written Answers — Inter-country Adoptions: Inter-country Adoptions (2 Jun 2005)

Brian Lenihan Jnr: The Attorney General has been engaged in correspondence with the legal representative of this child's adoptive parents in seeking to find a solution to this case. High Court proceedings have been issued by the Attorney General in his role as protector of the unprotected against the adoptive parents of this child. As the matter is before the court, it is not appropriate to comment further on it.

Seanad: Special Educational Needs. (2 Jun 2005)

Brian Lenihan Jnr: I thank Senator Finucane for raising this issue on the Adjournment. The Department is delighted to clarify the position concerning St. James's school, Cappagh, County Limerick. The Department recently announced the introduction of a general allocation model to provide for resource teaching supports for pupils within the high incidence disability category and for pupils with learning support...

Seanad: Special Educational Needs. (2 Jun 2005)

Brian Lenihan Jnr: I will ask the Department to look into it but it is a separate matter from the one raised in the Adjournment matter.

Seanad: Schools Building Projects. (2 Jun 2005)

Brian Lenihan Jnr: I thank Senator Terry for raising this matter on the Adjournment. The substance of this matter is the need for the Minister for Education and Science to report on the timeframe for submitting a planning application to Fingal County Council for the provision of a primary school at Tyrellstown, Dublin 15, on behalf of the patron, Educate Together. To answer the Senator's question succinctly,...

Seanad: Schools Building Projects. (2 Jun 2005)

Brian Lenihan Jnr: I assure the Senator that as a Minister of State at the Department of Education and Science I have taken a very close interest in the development of a national school at Tyrellstown where Educate Together has been identified as the patron. I am grateful for this opportunity to outline to the House the position regarding demand for school places in the general Dublin 15 area. Last autumn I had...

Seanad: Hospital Services. (2 Jun 2005)

Brian Lenihan Jnr: I thank Senator Coonan for affording me the opportunity to clarify the position. I am replying on behalf of the Tánaiste and Minister for Health and Children, Deputy Harney. I want to emphasise the Government's commitment to the continued development of services at St. Joseph's Hospital, Nenagh, and the continued provision of high quality, safe acute hospital services to the people of north...

Seanad: Hospital Services. (2 Jun 2005)

Brian Lenihan Jnr: Where did I say that?