Results 15,981-16,000 of 16,537 for speaker:Brian Lenihan Jnr

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Brian Lenihan Jnr: The amendments to section 1 have been ruled out of order but the substance of Senator Cox's contribution reflects their intention. The Minister for Education and Science, Deputy Noel Dempsey, has been penalised in this discussion for being first out of the traps. He has produced the legislation he promised and he was very open to accepting amendments. The limit for such amendments is now...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Brian Lenihan Jnr: Senator Ulick Burke referred to the position of the Department of Justice, Equality and Law Reform. Under the Children Act 1908, boys under 16 and girls under 17 are committed to the Department of Education and Science when they are convicted of offences and, therefore, the only children for whom the Department of Justice, Equality and Law Reform has responsibility are male offenders aged 16...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Brian Lenihan Jnr: The amendment reminds me somewhat of Article 45 of the Constitution and the directive principles of social policy. Those are laudable aspirations which no one would disagree with, but in terms of hard statutory draftsmanship, everything in the Senator's proposal is already contained in different parts of the Bill. For example, there is an aspiration in the amendment that the Bill be...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Brian Lenihan Jnr: It is not normal practice in our tradition of statutory draftsmanship to have declarations of principles as ordinary sections in legislation. The declaration of principle or objective is contained in the Long Title and I do not want to recite that again, but it is very clear that the objectives set out in the Long Title conform, by and large, with the amendment. Please God it will not fall to...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Brian Lenihan Jnr: Again, I do not see how this would add in any way to the Bill. It seems to restate the contents of a previous paragraph and does not seem to add any greater clarity to the legislation.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Committee Stage. (6 Jul 2004)

Brian Lenihan Jnr: Senators will be glad to hear that I will not be promising a disability Bill in aid of any matter that has been raised in respect of this section. I have a far simpler answer for Senator Ulick Burke, which is that in a sense the Bill does create a central body called the National Council for Special Education. In addition, the Bill provides for an appeals board. If the Senator examines the...

Seanad: Commissions of Investigation Bill 2003: Second Stage. (1 Jul 2004)

Brian Lenihan Jnr: I am pleased to present to the House the Commissions of Investigation Bill 2003. The Bill provides for the establishment of commissions of investigation. The function of a commission of investigation will be to investigate into and establish the facts about matters of significant public concern referred to it for investigation and to make a report on its investigation. The House will be aware...

Seanad: Central Bank and Financial Services Authority of Ireland Bill 2003: Report and Final Stages. (24 Jun 2004)

Brian Lenihan Jnr: I thank the House for the consideration given to the Central Bank and Financial Services Authority of Ireland Bill 2003. When I piloted the previous Central Bank legislation through the House last year there was considerable scepticism on whether this measure would appear. It was promised at the time and it has now been delivered. Great credit is due to the officers in the Department of...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Second Stage. (23 Jun 2004)

Brian Lenihan Jnr: I will reply to the question but not until I respond at the end of the debate.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Second Stage. (23 Jun 2004)

Brian Lenihan Jnr: Is the Senator referring to psychological assessments?

Seanad: Education for Persons with Special Educational Needs Bill 2003: Second Stage. (23 Jun 2004)

Brian Lenihan Jnr: Senator O'Toole was never a sceptic.

Seanad: Education for Persons with Special Educational Needs Bill 2003: Second Stage. (23 Jun 2004)

Brian Lenihan Jnr: This Bill comes here after rigorous scrutiny in the other House. After substantial debates on Committee and Report Stages, where over 700 amendments were moved, the Minister for Education and Science believes that this Bill represents the best possible solution to the needs of children with disabilities and their parents. What is proposed here is a comprehensive system to address their rights...

Seanad: Education for Persons with Special Educational Needs Bill 2003: Second Stage. (23 Jun 2004)

Brian Lenihan Jnr: Senator O'Toole is concerned about an ATM.

Seanad: Central Bank and Financial Services Authority of Ireland Bill 2003: Committee Stage (22 Jun 2004)

Brian Lenihan Jnr: No. A precedent would be established by so providing in this legislation.

Seanad: Central Bank and Financial Services Authority of Ireland Bill 2003: Committee Stage (22 Jun 2004)

Brian Lenihan Jnr: The suggestion that members of the financial services ombudsman council and the panels should be selected by a process of open recruitment is not in accordance with general practice, which is that a Minister makes such appointments following appropriate consultation. There is no reason to depart from the general practice for these appointments, particularly given the requirements in the...

Seanad: Central Bank and Financial Services Authority of Ireland Bill 2003: Committee Stage (22 Jun 2004)

Brian Lenihan Jnr: Amendment No. 10 relates to section 16(3)(a), which the Minister introduced in the Dáil to address concerns in this area. The subsection addresses the points raised in Senator John Paul Phelan's amendments, without trespassing on the jurisdiction of the courts. The new subsection provides that where a financial institution acts in bad faith by commencing legal proceedings to frustrate the...

Seanad: Central Bank and Financial Services Authority of Ireland Bill 2003: Committee Stage (22 Jun 2004)

Brian Lenihan Jnr: It is essential that members of the consumer panel should have a broad knowledge of consumer issues relating to financial services. Section 57CX(3) was amended in the Dáil by the Minister and it makes clear that the key criteria for appointment are knowledge or experience as consumers of financial services. The Minister does not think it would be wise to narrow down the criteria any further....

Seanad: Central Bank and Financial Services Authority of Ireland Bill 2003: Committee Stage (22 Jun 2004)

Brian Lenihan Jnr: The draftsman has clearly been inspired by the senatorial provisions into importing this amendment into the legislation. The criteria set out by the Minister are knowledge or experience as consumers of financial services. If I am right the qualification for a Seanad panel, set out in the Constitution, is not just knowledge and mere experience but knowledge and practical experience.

Seanad: Central Bank and Financial Services Authority of Ireland Bill 2003: Committee Stage (22 Jun 2004)

Brian Lenihan Jnr: University Senators are not obliged to have this requirement and do not have to be graduates of the college concerned. However, I am wandering. The Minister is required by section 57CX(2) to consult both the Minister for Enterprise, Trade and Employment and organisations representing consumers before appointing members of the panel. I have no doubt that consumer organisations will support the...

Seanad: Central Bank and Financial Services Authority of Ireland Bill 2003: Committee Stage (22 Jun 2004)

Brian Lenihan Jnr: I may be able to assist the Senator on this issue. The text which the amendment seeks to delete was amended on Report Stage in the Dáil in response to an identical amendment tabled by Deputy Bruton. The current text has the same meaning as the replacement text proposed by the amendment. Although it does not have the same form it has the same meaning.