Results 1,641-1,660 of 1,966 for speaker:Mary Henry
- Seanad: European Convention on Human Rights Bill 2001: Report and Final Stages. (24 Jun 2003)
Mary Henry: That is a compliment.
- Seanad: European Convention on Human Rights Bill 2001: Report and Final Stages. (24 Jun 2003)
Mary Henry: I second the amendment.
- Seanad: European Convention on Human Rights Bill 2001: Report and Final Stages. (24 Jun 2003)
Mary Henry: I second the amendment. Amendment, by leave, withdrawn. Amendment No. 6 not moved.
- Seanad: European Convention on Human Rights Bill 2001: Report and Final Stages. (24 Jun 2003)
Mary Henry: I second the amendment.
- Seanad: European Convention on Human Rights Bill 2001: Report and Final Stages. (24 Jun 2003)
Mary Henry: I second the amendment. It addresses one of the most serious issues in the Bill which has not been rectified, even though the Minister said he would re-examine it when Deputy Costello raised it in the Dáil. There are real problems of incompatibility between the convention and the legislation in the case of persons who have been convicted. Deputy Costello pointed out that convictions can...
- Seanad: European Convention on Human Rights Bill 2001: Report and Final Stages. (24 Jun 2003)
Mary Henry: Would a presidential pardon suffice in this regard? This is a serious practical issue. People have been refused visas for various reasons and it would be dreadful if a person were wrongly convicted and that, due to incompatibility, there was no possibility for them to have a re-trial. Something must be done to allow such cases to be properly treated. The problem with the Bill is that there...
- Seanad: European Convention on Human Rights Bill 2001: Report and Final Stages. (24 Jun 2003)
Mary Henry: I move amendment No. 10: In page 6, between lines 30 and 31, to insert the following: "(6) In relation to any declaration of incompatibility, the Court may grant such other non-monetary relief or remedy, or make such order, within its powers as it considers just and appropriate.".
- Seanad: European Convention on Human Rights Bill 2001: Report and Final Stages. (24 Jun 2003)
Mary Henry: I had thought this legislation was with a view to having European convention cases taken here in order that people would not have to go to Strasbourg to have their rights under the convention vindicated. That is quite clear. However, what I am seeking for a person concerned in this regard is not damages but a remedy. The DG case took about three years to get to Strasbourg. The person...
- Seanad: European Convention on Human Rights Bill 2001: Report and Final Stages. (24 Jun 2003)
Mary Henry: I move amendment No. 11: In page 6, between lines 30 and 31, to insert the following: "(7) Where as a result of an incompatibility between a statutory provision or rule of law and a Convention provision, a person has been convicted of a criminal offence in circumstances where but for the incompatibility or failure the person, would not have been so convicted, or would have been sentenced to a...
- Seanad: European Convention on Human Rights Bill 2001: Report and Final Stages. (24 Jun 2003)
Mary Henry: I move amendment No. 12: In page 6, between lines 37 and 38, to insert the following: "7.â(1) A Minister in charge of a Bill in either House of the Oireachtas must before the Second Reading of the Bill: (a) make a statement to the effect that in her or his view the provisions of the Bill are compatible with the Convention provisions (referred to in this section as a 'statement of...
- Seanad: European Convention on Human Rights Bill 2001: Report and Final Stages. (24 Jun 2003)
Mary Henry: I thank the Leader. I recognise I am beaten once again by the Constitution and the Attorney General. Amendment put and declared lost.
- Seanad: European Convention on Human Rights Bill 2001: Report and Final Stages. (24 Jun 2003)
Mary Henry: I second the amendment.
- Seanad: European Convention on Human Rights Bill 2001: Report and Final Stages. (24 Jun 2003)
Mary Henry: I thank the Minister of State for the clarity with which he explained all the mistakes in my amendments. It was extremely useful. He did not reply to my question about free legal aid. Given his good memory and great brain, I am sure he did not forget it. He just left me in the wilderness to thrash the issue out on the Adjournment. I thank him for his courtesy and kindness during the debate.
- Seanad: Order of Business. (19 Jun 2003)
Mary Henry: I support the call for a debate on the health service reports, but the crisis in hospitals is not being helped by some petty actions that have been taken. Many elderly people manage to maintain an independent living because of home helps. There has been a huge reduction throughout the country in the number of hours that home helps can spend with people. This is having a knock-on effect,...
- Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)
Mary Henry: I support this amendment. This legislation is similar to that passed in the United Kingdom. The Good Friday Agreement encouraged that approach. The UK legislation has managed to include the courts, down to the Magistrates' Courts, in this area in a satisfactory manner. The main reason for bringing this forward is to ensure judgments could be given without undue delay and also that people...
- Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)
Mary Henry: I understand judges are not obliged to give reasons for their decisions but it causes great difficulty for those who wish to appeal cases if they do not know the grounds on which decisions have been made. The Minister of State does not think so, unfortunately. Senator Jim Walsh raised the matter of section 3(1) and the Minister of State explained that the phrase "in so far as possible" is not...
- Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)
Mary Henry: I remind the Minister that we do not want judges to be sued either. Some of my best friends are judges. The convention specifically provides that it is only judicial review and appeals which can be sued under the convention.
- Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)
Mary Henry: I move amendment No. 5: In page 4, subsection (1), line 19, after "exercised" to insert "and shall include any person or body certain of whose functions are functions of a public nature, but in relation to a particular act, such a person or body shall not be an organ of state if the nature of the act is private". The intention of this amendment is to ensure that bodies which are publicly...
- Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)
Mary Henry: When the Minister for Justice, Equality and Law Reform was here yesterday and some of us pointed out that we had received considerable briefings from the Bar Council and the Law Society, he said he was not going to do a head count of who was in favour of his Bill and who against among his legal colleagues. However, it is worrying that there appears to be such concern that these areas could be...
- Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)
Mary Henry: The Minister explained yesterday why he had not made the convention part of the law of the State. However, I am unclear on how it was possible to make the Hague Convention on the Civil Aspects of International Child Abduction part of the law of the State yet it is not possible to do so with this convention.