Results 16,501-16,520 of 16,537 for speaker:Brian Lenihan Jnr

Seanad: Adjournment Matters. - Schools Building Projects. (18 Dec 2002)

Brian Lenihan Jnr: I thank the Senator for giving me the opportunity, on behalf of the Minister for Education and Science, of outlining to the House the position regarding an application from the authorities of St. Nicholas's primary school for grant aid towards a new school building. At present, St. Nicholas's primary school is staffed by a principal, two mainstream class teachers and a shared learning support...

Seanad: Adjournment Matters. - Schools Building Projects. (18 Dec 2002)

Brian Lenihan Jnr: The Senator mentioned a possible infestation of rats at the school. There are separate grants for dealing with this and it is a separate responsibility for the school authorities. This does not detract from the merit of what the Senator has said, however, and I will convey his sentiments to the Minister.

Seanad: Adjournment Matters. - Hospital Services. (18 Dec 2002)

Brian Lenihan Jnr: I take this opportunity to offer my deepest sympathy to the mother and family concerned on their very sad loss. Their loss is a deep one that has caught people's imagination. It requires all of us to focus our energy on addressing this problem, which has persisted in recent months.

Seanad: Domestic Violence (Amendment) Bill, 2002: Second Stage. (17 Dec 2002)

Brian Lenihan Jnr: The purpose of this Bill is to remedy a defect in the Domestic Violence Act, 1996, which resulted in the Supreme Court on 9 October declaring section 4(3) of the Act unconstitutional. In doing this, the Bill restores to our courts the power to make interim barring orders ex parte.

Seanad: Domestic Violence (Amendment) Bill, 2002: Second Stage. (17 Dec 2002)

Brian Lenihan Jnr: This is very important because the power to grant an interim barring order ex parte is essential in certain cases to protect innocent persons in their home. That is an important jurisdiction and, since the Supreme Court decision, the courts have not been in a position to exercise that jurisdiction because that power has not been available to them. In such circumstances, it will be important...

Seanad: Domestic Violence (Amendment) Bill, 2002: Second Stage (Resumed). (17 Dec 2002)

Brian Lenihan Jnr: A Minister has to be in this House for legislation.

Seanad: Domestic Violence (Amendment) Bill, 2002: Second Stage (Resumed). (17 Dec 2002)

Brian Lenihan Jnr: I thank Senators for their contributions and the constructive way in which they have approached this measure. It is an important measure that has been necessitated by the decision of the Supreme Court. This debate has been wide-ranging, covering not only the legislation but exploring the implications of violence in family relationships and the resultant problems posed for our health services....

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: The amendment promises much but fulfils little in the sense that it does not provide the desiderata or criteria which are to be operated on by the courts. This is the difficulty with the amendment, which I cannot accept. It is an important issue and I understand the motivation behind the amendment. The amendment says that the phrase "having regard to the circumstances of the particular case,"...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: I will not rap the Senator's knuckles.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: We are all legally qualified.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: No one has a monopoly on legal expertise in this House. We are not the first with the best intentions to have created the worst, as Shakespeare once said. I agree that we must be careful about the words we use. The phrase "necessary or expedient" was mentioned. That was included in the original legislation. Expediency as well as necessity were imported as ideas from the original legislation....

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: It is an exceptional development.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: I can, but the Senator has raised an interesting point. The Senator's intention appears to be to have a return date of eight days rather than eight working days when an interim barring order has been granted ex parte. It is true that the Supreme Court referred with approval to that section of the Child Care Act, 1991, to which the Senator has referred. Section 17 of that Act provided for the...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: The analogy begins to disintegrate because the Oireachtas has, in a more recent provision, provided for a period of 28 days. The provision in the Bill is closer to the 28 days than the Senator's amendment. In this Bill it has been decided to propose a period of eight working days rather than eight days, or indeed 28 days. Advice has been taken from the Attorney General on the...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: I deny it, of course. It has no connection with that matter, which is settled under rules of court and upon which Senators, I am sure, have their own views. As the Senator is aware, the District Court, where the bulk of these applications are made, does not enjoy the benefit of the extensive vacation enjoyed by the other courts. I gave that illustration not in reference to court vacations but...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: I can understand the motivation for these amendments. However, there seems to be a misapprehension regarding the applicant at risk. The proposers appear to believe the applicant to be at risk from his or her own legal advisers. Any legal adviser will inquire of a judge when a case is to be returned to. In any application for an interim or interlocutory order a legal adviser who sees that the...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: We are advised that the existing proposal is clear enough. We do not believe the phrase "as it applies to the proceedings in question" adds anything to what is before the House. Therefore, we are not in a position to accept the amendment. Amendment put and declared lost.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: The Senator has raised an interesting point. The Supreme Court, in referring to this issue, was not advocating that we reform the law by insisting that applicants give an undertaking as to damages before they obtained a barring order or an interim barring order in this instance. What the Supreme Court did in its judgment was to contrast the arrangement in ordinary civil cases where frequently...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: Senator Henry raised the matter of costs. In the District Court an order for costs could be made against an unmeritorious applicant but the amount of measured costs would be low. In the Circuit Court, they would be more substantial. That penalty already exists for an unsuccessful applicant and it is something any applicant has to consider before entering legal proceedings. What we are...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: I understand the spirit in which the amendment is being moved, but I am not certain it adds to the legislation. The legislation will provide that the order lapses after eight working days. That is a fundamental bar on the jurisdiction of the court. If the respondent appears within the eight days to contest the order, he can do it there and then. If he wishes further time to meet the case,...