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Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Mary Henry: It is extraordinary that, for what will almost certainly be a small number of cases, the Government or the Minister involved is not obliged to do anything if incompatibility is discovered. We face a situation where there could be a recurrence of previous difficulties. All that will happen is that a person will receive an ex gratia payment if the Attorney General and an adviser consider it a...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Mary Henry: It seems crazy.

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Mary Henry: We have congratulated ourselves several times on the human rights elements of the Constitution. We are confident that these situations will arise rarely. Amendment No. 21 states that the Taoiseach or other Government Minister shall within two months of the declaration of incompatibility make a statement to the Houses of the Oireachtas detailing what measures, if any, it proposes to take. We...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Mary Henry: Deputy Costello pointed out in the Lower House that someone who still had a conviction could have difficulties with travel and in many other areas no matter what financial recompense he or she received. I am keen to get complete our deliberations on the Bill and I will not labour the point. However, many Members thought the issue would be addressed in the Bill. It is not something the...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Mary Henry: I am intrigued by the Minster of State's explanation. Amendment No. 28 differs from amendment No. 26 because it seeks to ensure that those who have been convicted of a criminal offence because of incompatibility will have a means of remedy. The major problem with the legislation is the provision that the sole remedy available will be monetary compensation. Money is not always a remedy for the...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Mary Henry: Could there be a delay and will the Supreme Court give reasons for its findings? Amendment, by leave, withdrawn.

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Mary Henry: I move amendment No. 27: In page 6, between lines 30 and 31, to insert the following new subsection: "(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: Committee Stage. (19 Jun 2003)

Mary Henry: The Minister of State is a lawyer and I am a doctor. For years I have endured lawyers giving me medical advice, so I will not start to give the Minister of State legal advice. However, Article 13 of the convention provides that people are entitled to an effective remedy and it does not specify that it must be financial in scope. The Minister knows my views on the role of the adviser. In...

Seanad: European Convention on Human Rights Bill 2001: Committee Stage. (19 Jun 2003)

Mary Henry: I move amendment No. 30: In page 6, before section 7, to insert the following new section: "7.–(1) A Minister in charge of a Bill in either House of the Oireachtas must before the Second Reading of the Bill:

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Mary Henry: I support Senator O'Toole's amendment. Some people just go asleep and if someone is out of his or her mind with drink and asleep in the corner of the pub, surely he or she is a drunken person too.

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Mary Henry: I look forward to hearing the Minister's response to Senator Terry's question as to whether the licensee would be incriminating himself by calling the police. Senator Minihan's concerns are covered by section 6 which gives the licensee the power to request a person to leave the premises.

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Mary Henry: I move amendment No. 9: In page 8, between lines 15 and 16, to insert the following new subsection: "(4) The Court may, if it sees fit, refer a person convicted under subsection (3) for alcohol abuse assessment and with his or her agreement, treatment if required.". People who get themselves into this sort of state, particularly those who are obliged to go before the courts for repeat...

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Mary Henry: I thank the Minister for his reply. I see his point, but I wonder if what he is suggesting could not be incorporated into this and other Bills, if required. This legislation has received much public attention and I would not like the idea to go out that if people get drunk, they will just get a fine of €300 on the first occasion and €500 on the next. I would like there to be some sort of...

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Mary Henry: Senator Norris, I am running an orderly House.

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Mary Henry: I also support the Minister. Like Senator Terry, I am dismayed by seeing small children in bars. It is a terrible sight and children do not much like it either. This section might appeal to adults because it might be nice to be in a pub without having a crowd of small children on top of one after 9 p.m. Perhaps it will encourage me to go into pubs more often than I have in the recent past....

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Mary Henry: I am glad that the Minister introduced this section. The drinks usually supplied in these offers are disgusting because they put a lot of ice in them, so they are not giving twice the measure at all. The advertising of such offers is aimed at students and I have seen evidence of this. I pointed out to the House on a previous occasion that some are directly aimed at young women because...

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Mary Henry: I commend the Minister on subsection (1)(a) which prohibits promotions on a licensee's premises. I have seen extraordinary promotions, for example, for rum with bonny girls leaping around the place, which must have cost a fortune. Therefore, they must be well worth doing. I have a question about the subsection because at this hour of the night I can ask Senator Quinn for double Superclub...

Seanad: Intoxicating Liquor Bill 2003: Committee Stage. (19 Jun 2003)

Mary Henry: Was not Senator Quinn wise to give a present of a horse? Question put and agreed to. Sections 22 and 23 agreed to. Amendment No. 27 not moved.

Seanad: Intoxicating Liquor Bill 2003: Report and Final Stages. (19 Jun 2003)

Mary Henry: I move amendment No. 1: In page 8, between lines 15 and 16, to insert the following: "(4) The Court may, if it sees fit, refer a person convicted under subsection (3) for alcohol abuse assessment and with his or her agreement, treatment if required.". This is the amendment I withdrew on Committee Stage. I still have concerns about a drunken person who has got his or her skull full. Given our...

Seanad: Intoxicating Liquor Bill 2003: Report and Final Stages. (19 Jun 2003)

Mary Henry: I am sorry the Minister cannot accept the amendment and I will certainly remind him because it is a most important issue. The unfortunate thing about this legislation is that it does not tackle the cause of what is a serious problem. I took seriously what Senator Mooney said about our corrosive culture. The Minister spoke about advertisements. There was, for example, the "Guinness is good for...

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