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Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: It will not.

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: The Senator is being outlandish.

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: I assure Senators that I have considered this matter carefully since Committee Stage. The section as drafted allows, indeed instructs, the chief executive to appear before the Committee of Public Accounts to give evidence on all matters pertaining to the expenditure of the agency. It also contains a proviso regarding the expression of an opinion on the merits of any policy of the Government...

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: Senator Quinn, in referring to RTE, has picked the semi-State authority which is probably in the greatest financial difficulty. I appreciate the sentiments he has expressed both today and on Committee Stage, but there is no precedent for what he is suggesting. It is always presumed that a body will present its report as early as practically possible. That is the reason we are specifying 30...

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: We do not want the situation to arise where the chairman, in the event of a chief executive not being available, steps into the chief executive's shoes. The legislation provides that a member of staff would replace the chief executive but there may be circumstances where a member of staff would not have the required skills or expertise. In that event it would be necessary to take on an...

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: As the section stood, consultants and advisers employed by the agency would be covered by the same indemnity as members and staff. After consideration of the issues raised on Committee Stage, it is proposed that the reference to consultants and advisers be deleted on grounds that they would be expected to have in place their own arrangements for professional indemnity. We are removing that...

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: This amendment clarifies that of the property held by the Office of Public Works in the area of the digital hub, only that property which is to be used by the agency for the hub itself will be transferred to the agency. Property held by the Office of Public Works on behalf of MediaLab Europe Limited will remain vested in the Office of Public Works. The title of this section will now be...

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: This is a minor technical amendment to cover a drafting error in section 45(d)(ii) of the Bill. It will correct the reference to the Postal and Telecommunications Services Act, 1983. Section 45 was inserted into the Bill by the way of a Seanad amendment on Committee Stage. It provides for minor amendments to the Communications Regulation Act, 2002. Amendment agreed to. Bill, as amended,...

Seanad: Digital Hub Development Agency Bill, 2002: Report and Final Stages. (3 Dec 2002)

Dermot Ahern: I thank all Senators for their participation and their comments on how accommodating I am. I do my best to listen to the arguments and I do not believe Senators are here to rubber stamp legislation. Senators had some valid arguments but, when I subsequently discussed the issues with my officials, it was clear why positions were adopted. This is an important Bill and I hope it will be passed...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: Section 19(8) of the Bill provides that in the absence of the chief executive, his or her functions may be performed by a member of staff so designated by the agency. There is no provision whereby the chairperson would perform the functions of the chief executive and, therefore, the amendment proposed is not required. On a point of clarification, pending the establishment of the agency the...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: The quorum proposed is roughly one third of the membership and I and my officials consider it the best arrangement that could be arrived at. It is not a lot to ask that at least one third of the membership be available. On amendment No. 21 relating to tele-conferencing, the existing provision does not preclude the holding of a meeting by such means providing all statutory conditions relating...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: This topic will always engender an interesting debate, particularly in the Seanad. I cannot put it much better than Senator Kenneally. Now that I am on the other side of the fence as a Minister setting up agencies such as this, I always ask my officials why are Deputies and Senators restricted from being on these boards. I accept there are boards which should not have as members Members of...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: I understand Senator Quinn's point and I try to cut delays and red tape in my Department whenever possible but my officials strongly suggest that while work has been done to date, there is no staff for the actual running of the agency. We envisage that more people will have to be involved. In that context, it would be better to consult with the staff interests, the unions and other...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: The monetary limits specified in the Bill in relation to gifts and the monetary limits for ownership are the same as the limits in section 28 of the Transport (Railway Infrastructure) Act, 2001. I am convinced by some of the arguments made by Senators and I will look at it between now and Report Stage. If memory serves me correctly, the limit in relation to gifts in excess of €650 is...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: On reading it again, I believe the Senator is correct. The "other benefits" should also be included under "in excess of €650". I will look at it again. Amendment, by leave, withdrawn. Amendments Nos. 28 and 29 not moved. Question proposed: "That section 24 stand part of the Bill."

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: I note the Senator's comments but we will have to wait and see what we come up with on Report Stage. However, as the Senator as a businessman will appreciate, I do not wish to over-regulate a body by insisting on electronic publication of every document. It could tie up people in difficulties which we might not envisage now if we were to be unduly prescriptive in the Bill. I will bear the...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: I made my comments earlier about the receipt of money and I agree with the Senator's sentiments. I will look at it again on Report Stage. In a body like this, where there are fairly major commercial interests, not only is it unseemly but if I were a director I would not accept or become involved. I will look at it again but, in all fairness, this is the standard which has been accepted in...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: The Senator has answered his own point. There would need to be discretion if the indiscretion was minor. It is a case of not being over-prescriptive in legislation. There could be a very unfair situation where someone, inadvertently or due to infirmity, may have omitted to make a declaration. The Minister would act on the recommendation of officials with regard to the seriousness of the...

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: This is a point which could be discussed on Report Stage.

Seanad: Digital Hub Development Agency Bill, 2002: Committee Stage (Resumed). (20 Nov 2002)

Dermot Ahern: No, I get the Senator's point. He is saying the word "interest" has not been defined in section 26 although it is defined in section 24. People are conscious that it might apply more to board members than members of staff. I am not sure if that is the case. It can be examined on Report Stage. The definition of interest in section 24 may not be exhaustive but it is being used as a precedent.

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