Results 19,261-19,280 of 21,096 for speaker:Charles Flanagan

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Charles Flanagan: It is an extremely complex item of legislation. What the Minister said a moment ago is one of the reasons Deputy Rabbitte, as late as this morning, made the important point that we should be meeting in committee with interested parties in respect of the Bill. As is his right, the Minister is continually involved in discussions with members of the Garda Síochána. That is an advisable...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Charles Flanagan: It has not worked.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Charles Flanagan: I differ in my view from Sinn Féin on the matter of the Special Criminal Court. I see a role for that court in certain circumstances. The Minister states he is sending out a signal but I regret that he is doing nothing more and that this is a signal without substance. This amounts to announcing a declaration that the ordinary courts are inadequate to secure the effective administration of...

Enforcement of Court Orders (Amendment) Bill 2009 [Seanad]: Second Stage (10 Jul 2009)

Charles Flanagan: It is timely that a Bill dealing with matters of financial debt should come before the House. However, as the Minister has more or less admitted, the legislation before Members is a sticking plaster to get over a problem that has arisen. It is a pity this Bill has been introduced in a manner that is lacking in imagination and is merely designed to circumvent the High Court judgment of 18...

Enforcement of Court Orders (Amendment) Bill 2009 [Seanad]: Second Stage (10 Jul 2009)

Charles Flanagan: I encourage the Minister to bear in mind that legislation repugnant to the Constitution will not withstand legal challenge, as exemplified by the court case that precipitated this Bill.

Enforcement of Court Orders (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (10 Jul 2009)

Charles Flanagan: I move amendment No. 1: In page 3, before section 2, to insert the following new section: "2.—The Act of 1940 is amended— (a) by the repeal of sections 6 and 9, and (b) by the insertion of the following sections after section 5: 6.—Where a debtor is liable, by virtue of an instalment order, to pay a debt and costs either in one payment or by instalments and such debtor fails to make...

Enforcement of Court Orders (Amendment) Bill 2009 [Seanad]: Committee and Remaining Stages (10 Jul 2009)

Charles Flanagan: I move amendment No. 3: In page 8, before section 3, to insert the following new section: "3.—The Enforcement of Court Orders Act 1926 is hereby amended by the insertion of the following section, after section 17: "17A.—All instalment orders made under the aforementioned section must be served, personally, on the judgment debtor and must contain a notification of the consequences of...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) (9 Jul 2009)

Charles Flanagan: We are dealing here with the burden of responsibility in proving what in effect constitutes a criminal organisation. Already on the last occasion we clarified the position regarding section 70 of the 2006 Act which has never been used to any significant effect. We propose the insertion of a new section to follow that section establishing the definition of a criminal organisation. Without...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) (9 Jul 2009)

Charles Flanagan: I move amendment No. 4: In page 9, between lines 27 and 28, to insert the following: "(3) A person shall not be convicted of an offence under this Act based on the opinion given under this section in the absence of corroborating evidence, which shall not include evidence given to a Court based on section 9 of this Act.". This amendment relates to opinion evidence. I listened to the Minister,...

Order of Business (9 Jul 2009)

Charles Flanagan: With regard to the Criminal Justice (Amendment) Bill and the serious abuse of Dáil procedures by the Government in using the guillotine, I wish to indicate that Fine Gael supports the legislation but there are major issues regarding the detail which must be debated in the House. The latter will not happen, however, particularly in light of the time allocated in respect of the Bill. Will...

Order of Business (9 Jul 2009)

Charles Flanagan: If Report Stage were deferred, this would give Members the opportunity to reflect on and give due consideration to the legislation during the summer months. We could then, as is our duty, return to the House in the autumn and pass it. At least one Cabinet Minister is in favour of my proposal in this regard. I ask that due consideration be given to that proposal during the remainder of...

Order of Business (9 Jul 2009)

Charles Flanagan: The Tánaiste completely misses the point.

Order of Business (8 Jul 2009)

Charles Flanagan: A swimming pool in Roscrea.

Order of Business (8 Jul 2009)

Charles Flanagan: A real sign an election is looming if it features in the headlines.

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Charles Flanagan: I do not intend to oppose the Minister, but I am disappointed that his amendment will extend the period of time for review by a further year. If he or his successor is so minded, it could be six years before a matter is revisited in any meaningful sense. I accept that a timeframe of three months was ambitious, but a review could be embarked upon within a reasonable period of, for example,...

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Charles Flanagan: We debated this on Committee Stage and maybe the Minister will put me right but my understanding is that this deals with a defamation action that has already commenced.

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Charles Flanagan: The definition of an action in the interpretation section makes clear that an action means after proceedings have issued or an application has been made to the court. The speed with which an apology may be forthcoming is important.

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Charles Flanagan: Could the requirement to confirm it in printed form be included in the code of practice as an accepted norm? It is difficult to see how an immediate apology must be published within a certain early timeframe when we are dealing with what happens after an action has commenced. That will be after a considerable delay in any event because proceedings will not issue within a week, unless the...

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Charles Flanagan: It is important that an apology should be forthcoming at the earliest possible opportunity, otherwise the damage will be compounded. If the Minister does not propose to accept the amendment, he should set about finding an alternative that will meet the very valid point to which it relates. I received correspondence similar to that to which Deputy Kennedy referred. I accept that a...

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Charles Flanagan: This is highly unsatisfactory as important issues arise.