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Seanad: Budget Statement 2008: Statements (Resumed). (5 Dec 2007)

Joe O'Toole: This budget is about broken promises. I do not have time to go into detail but I will focus on education, an issue in which I am closely involved. Reference was made on the Order of Business to the Estimate for education. The increase in the allocation for the Department of Education and Science is appallingly small.

Seanad: Budget Statement 2008: Statements (Resumed). (5 Dec 2007)

Joe O'Toole: The reality is one of broken promises. At the Fianna Fáil Ard-Fheis, we were promised that the Government would double the capitation grant for primary schools. We were assured on numerous occasions that the pupil-teacher ratio would be reduced. Neither of these objectives has been achieved and their implementation will not be possible given the resources allocated. I listened to the...

Seanad: Budget Statement 2008: Statements (Resumed). (5 Dec 2007)

Joe O'Toole: It will not be used to provide funding for the school I visited in Sligo last week. It will not address the difficulties experienced by the school in Ballina that I brought to the Minister's attention last week. The money is simply not there. I am not saying this is a poor budget. My point is that many issues have not been addressed. For instance, schools will continue to have to raise...

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Joe O'Toole: However, his work was ignored. It is still sitting there.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Joe O'Toole: Hear, hear.

Seanad: Defamation Bill 2006: Committee Stage (Resumed) (5 Dec 2007)

Joe O'Toole: I am completely opposed to the inclusion of local authorities in this section. They would be uncontrollable and that would give me cause for concern. I was prompted to ask this question by the first point raised by Senator White. I am uneasy about an exclusive list, which is what this section appears to contain. We appear to have taken a decision to collate aspects of common law, existing...

Seanad: Order of Business (5 Dec 2007)

Joe O'Toole: There have been many emotional discussions and debates about the merits of centralisation and decentralisation. In light of the agreement of all parties on the merits of decentralisation, it is unacceptable that there is a proposal before the Government at present to close the marine rescue stations in Malin and Valentia. It is appalling that we should do this. It shows a lack of...

Seanad: Order of Business (5 Dec 2007)

Joe O'Toole: Under section 9.

Seanad: Order of Business (5 Dec 2007)

Joe O'Toole: Hear, hear.

Seanad: Order of Business (5 Dec 2007)

Joe O'Toole: Hear, hear.

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: I register disagreement with my distinguished and much esteemed colleague, Senator Norris, and with the two speakers subsequent to him on this matter. I could give countless examples of why this section is necessary. I mentioned the Personal Injuries Assessment Board earlier and about a year ago I read in the Irish Independent three pages of inaccuracies relating to its board of directors,...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: No.

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: No, it was defamatory of the organisation.

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: I fully support this section as it is useful and necessary. In my experience as vice-chairperson of a body much beloved of lawyers, the Personal Injuries Assessment Board, I have come across legislation in which it is a breach of law to exaggerate a claim. I notice that the phrase used by the Minister here is "false or misleading". I would like to hear his view on whether the word...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: I thank the Minister for his clarification, which I accept because it makes logical sense. Section 7(7) states: "A person guilty of an offence under this section shall be liable...". As the affidavit would be lodged as part of the evidence, why is the offence not perjury? Is this a new offence or is it different to perjury? I have no objection to the intention of section 7, but is this a...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: On a related issue, the section does not allow for a class action according to my reading. Much that I wish there was an opportunity to take a class action, there would appear to be a requirement for a substantial burden of proof. For example, were Senator Walsh to make a sweeping, populist condemnation of the decent public servants around the country and I to take it personally——

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: ——I would need to prove that his statement referred to me in particular. I want an answer to my next question more than that one. Could a person take a case on behalf of a group of lawyers, teachers or the Traveller community in the sense that a statement affecting all Travellers, for example, also affected the person? If the statement impugned the reputation of the group to which I...

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: The term "in particular" dilutes my preferred intention. A significant protection for groups within society, such as those referred to by Senator Norris, could be built into the Bill. Would it be possible for someone to take a class action on behalf of gay people or another group?

Seanad: Defamation Bill 2006: Committee Stage (4 Dec 2007)

Joe O'Toole: In the event of someone being successful in putting forward a claim of defamation under section 9 — the defamatory statement would have had the effect of impugning a class of persons and damaging that class's reputation — would every member of the class be covered and able to state a case or would each case be separate? I have asked a series of questions on the matter of class actions....

Seanad: Death of Former Member: Expressions of Sympathy (4 Dec 2007)

Joe O'Toole: Ní raibh aon aithne agam ar Seán Keegan, cé gur bhuail mé leis uair nó dhó. However, on behalf of the Independent benches I wish to be associated with the words said by the Leader in a fine tribute. We on the Independent benches always seek to put on the record that we recognise and appreciate the diligent public service of people like the former Senator, Seán Keegan, as this is...

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