Results 15,841-15,860 of 16,537 for speaker:Brian Lenihan Jnr

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: As I outlined in my commentary on the amendment moved by Senator O'Meara, this Bill has nothing to do with eligibility or entitlement under the health legislation. Senator O'Meara made a comment, perhaps it was a stray one, that there was a reduction in rights as a result of this Bill. There is no such reduction in rights. Every entitlement and eligibility that is there for the patient and...

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: We can return to the issue, but the general directions can be for any purpose relating to this Act or any other enactment or any matter or thing referred to in the Act. The directive power of the Minister is very extensive under section 10. That is as it should be because the Minister is accountable to the Oireachtas. The Oireachtas is exercising the taxing power of raising the funds that...

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: Most Members spoke to the section rather than the amendment. The key word is "facilitate". The executive is obliged to facilitate the education and training of students and the employees of service providers. We are considering the well-established practice of the in-service training in institutions which will be managed by the health service executive of persons training not alone to be...

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: As the Senator is aware, a significant amount has been invested by the Minister and the Department in the development of higher education in recent years, especially on the nursing side. However, funding is always a matter of individual negotiation in the appropriate context. For example, with regard to in-service training, the question of remuneration and funding becomes a matter between the...

Seanad: Health Bill 2004: Committee Stage. (14 Dec 2004)

Brian Lenihan Jnr: No, we are at cross purposes. If in-service training is taking place, questions of funding may arise.

Seanad: Site Acquisitions. (9 Dec 2004)

Brian Lenihan Jnr: I thank Senator Terry for raising the matter. I am aware of her great interest in St. Patrick's national school. I share it not only as a Deputy of the Dublin West constituency but as a Minister of State at the Department of Education and Children. I am glad Senator Terry has given me the opportunity to record the current position on the provision of a new school building for St. Patrick's...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: It might assist matters if I spoke now.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: Senators do not have local constituencies.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: I will reply. It might assist the course of the debate. Senator Cummins has raised a number of interesting points and the Minister is undertaking to reflect on them and bring something forward on Report Stage. That was the point I felt might hasten debate on this issue. To take up some of the points made in the debate, the point in the amendment about the terms of office of the joint policing...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: It is also possible, however, to reinvent the poor law union and have the outlying area included by combining the town councillors with the relevant county electoral area councillors. That seems to me to be an attractive option in provincial Ireland. All these options are possible under the legislation. The Minister will need to draw up guidelines to accommodate a degree of local choice with...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: The subject matter of these agreements between the Garda Síochána and other police forces concern policing and operational issues. The Minister for Justice, Equality and Law Reform sees no reason they should have to be publicised or require Dáil approval before they enter into force. They are the type of agreement of an administrative or technical character which comes within the meaning...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: I am prepared to examine Senator Maurice Hayes's suggestion. I would be unhappy that an agreement should be subject to parliamentary approval, which is not of a class that I respectfully suggest should be subject to parliamentary approval. I am interested in exploring a route whereby the existence of such an agreement could be disclosed.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: I am glad Senators have welcomed what the Minister has now proposed. During the course of the debate on Second Stage a number of Senators commented on Chapter 4 in this particular context and on the establishment of joint policing committees. What is allowed for now is a two-tiered structure where local policing committees can be established to deal with any issues at a more fundamental...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: It is important to know, as a matter of historical fact, that in the Dublin area, because of the existence of the Dublin Metropolitan Police, they were always called stations and were never colloquially known as barracks, which is the case outside Dublin. In the Dublin area, however, the location of the station has had a crucial influence on the formation of the districts and divisions. The...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: It is not clear that the provisions in the chapter will provide for changes in work practices or reorganisation. However, if they do, there is established arbitration and conciliation machinery in the Department, which has worked well down the years and which is available to be used. I share the concern of Senator Maurice Hayes that is not essential as a matter of legislative practice to...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: If issues are raised, they will be discussed. However, I would not like the Seanad to think I am attaching a price tag to my comments because the Garda engages in a great deal of liaison with the community and bodies of different character have been established in various parts of the country such as policing forums and local consultative bodies to work with the Garda. The legislation will...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: I will have a fresh look at the matter. With regard to the suggestion that the word "shall" should be substituted for the word "may" in section 31, Senators should consider the express terms of section 32, because it provides that "A local authority and the Garda Commissioner shall arrange for the establishment of a joint policing committee in accordance with guidelines." Therefore, there is...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: Correct. I am suggesting that we consider an amendment that will impose some element of obligation on the drawing up of the guidelines. However, the correct form of amendment may not be to replace the permissive word "may" with the mandatory word "shall" in section 31(1), which is what most Senators favour. The correct course may be to put a strict time limit on the drawing up of the...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: I will upset the Senators in a moment.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: In my heart of hearts I have great sympathy with the unanimous view of the Seanad. That said, the words "may" and "shall" have caused endless grief in litigation over many centuries. Senators will be pleased to hear that courts have often decided that the word "may" does, in fact, mean "shall". In the context of the Bill, if the Minister did not proceed to issue the guidelines, the courts...