Results 21-40 of 16,537 for speaker:Brian Lenihan Jnr

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: I can, but the Senator has raised an interesting point. The Senator's intention appears to be to have a return date of eight days rather than eight working days when an interim barring order has been granted ex parte. It is true that the Supreme Court referred with approval to that section of the Child Care Act, 1991, to which the Senator has referred. Section 17 of that Act provided for the...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: The analogy begins to disintegrate because the Oireachtas has, in a more recent provision, provided for a period of 28 days. The provision in the Bill is closer to the 28 days than the Senator's amendment. In this Bill it has been decided to propose a period of eight working days rather than eight days, or indeed 28 days. Advice has been taken from the Attorney General on the...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: I deny it, of course. It has no connection with that matter, which is settled under rules of court and upon which Senators, I am sure, have their own views. As the Senator is aware, the District Court, where the bulk of these applications are made, does not enjoy the benefit of the extensive vacation enjoyed by the other courts. I gave that illustration not in reference to court vacations but...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: I can understand the motivation for these amendments. However, there seems to be a misapprehension regarding the applicant at risk. The proposers appear to believe the applicant to be at risk from his or her own legal advisers. Any legal adviser will inquire of a judge when a case is to be returned to. In any application for an interim or interlocutory order a legal adviser who sees that the...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: We are advised that the existing proposal is clear enough. We do not believe the phrase "as it applies to the proceedings in question" adds anything to what is before the House. Therefore, we are not in a position to accept the amendment. Amendment put and declared lost.

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: The Senator has raised an interesting point. The Supreme Court, in referring to this issue, was not advocating that we reform the law by insisting that applicants give an undertaking as to damages before they obtained a barring order or an interim barring order in this instance. What the Supreme Court did in its judgment was to contrast the arrangement in ordinary civil cases where frequently...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: Senator Henry raised the matter of costs. In the District Court an order for costs could be made against an unmeritorious applicant but the amount of measured costs would be low. In the Circuit Court, they would be more substantial. That penalty already exists for an unsuccessful applicant and it is something any applicant has to consider before entering legal proceedings. What we are...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: I understand the spirit in which the amendment is being moved, but I am not certain it adds to the legislation. The legislation will provide that the order lapses after eight working days. That is a fundamental bar on the jurisdiction of the court. If the respondent appears within the eight days to contest the order, he can do it there and then. If he wishes further time to meet the case,...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: So far, in this debate, the amendment was pressed in terms of the effect on the respondent. In dealing with that, I mentioned that the order would lapse but, of course, the order can be confirmed and I wish to emphasise that. Therefore, from the perspective of the respondent, once he or she is in court, he or she is in a position to meet. If the respondent wishes to have an adjournment – I...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: No. The phrase "as soon as practicable" was chosen because in matters of service, as in matters of domestic violence, the circumstances vary enormously. To put a rigid time limit on it would be quite inappropriate, having regard to different locations at which potential parties to court actions may reside or carry on their business or be available for service in a transient or permanent way...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: What will happen under this legislation is not unusual. It happens in many court proceedings that an interim order is obtained, such as to restrain a manufacturer from operating a particular manufacturing process because it is a nuisance. There is no strict time limit but the case will normally return within five or six days. The manufacturer may say he is not in a position to meet the case...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: The judge is not extending the interim order, because the respondent is present. Once the respondent is present there is power to make a confirming order. Therefore, in those circumstances the judge can make a confirming order of limited duration so that the respondent has the necessary time to prepare before making the case in court. That power is available within the discretion of the...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: I fully appreciate the reasons given by the Senators for tabling this amendment. I am prepared to examine the matter in the context of the promised family law legislation. The Supreme Court, however, did not rule that ex parte protection orders were unconstitutional. The legal advice available to me is that there are sufficient grounds to distinguish the two types of order. The orders are...

Seanad: Domestic Violence (Amendment) Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

Brian Lenihan Jnr: I wish to thank Senators for their consideration of the Bill. I appreciate the spirit in which Opposition Members have tabled their amendments but I am constrained by legal advice in this matter. The Bill flowed from a decision of the Supreme Court and we were anxious to ensure that everything complied with the law.

Seanad: Adjournment Matters. - Cork School of Music. (18 Dec 2002)

Brian Lenihan Jnr: I thank the Senator for raising this issue on the Adjournment. As he is aware, the new Cork School of Music, a constituent part of Cork Institute of Technology, is being procured under the public private partnership model. The CSM provides training in a wide range of musical instruments, musical theory and speech and drama. The school caters for first, second, third and fourth level students,...

Seanad: Adjournment Matters. - Schools Building Projects. (18 Dec 2002)

Brian Lenihan Jnr: I thank the Senator for giving me the opportunity, on behalf of the Minister for Education and Science, of outlining to the House the position regarding an application from the authorities of St. Nicholas's primary school for grant aid towards a new school building. At present, St. Nicholas's primary school is staffed by a principal, two mainstream class teachers and a shared learning support...

Seanad: Adjournment Matters. - Schools Building Projects. (18 Dec 2002)

Brian Lenihan Jnr: The Senator mentioned a possible infestation of rats at the school. There are separate grants for dealing with this and it is a separate responsibility for the school authorities. This does not detract from the merit of what the Senator has said, however, and I will convey his sentiments to the Minister.

Seanad: Adjournment Matters. - Hospital Services. (18 Dec 2002)

Brian Lenihan Jnr: I take this opportunity to offer my deepest sympathy to the mother and family concerned on their very sad loss. Their loss is a deep one that has caught people's imagination. It requires all of us to focus our energy on addressing this problem, which has persisted in recent months.

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (19 Dec 2002)

Brian Lenihan Jnr: I will speak to the Government amendments first and I will then deal with the points raised by Senator O'Meara. Amendment No. 11 is intended to address, in statutory form, the assertion made by opponents of the Bill that it would compromise our obligations under the 1951 Geneva Convention relating to the status of refugees and its related protocol, the New York Protocol of 1967. Of course, we...

Seanad: Immigration Bill, 2002: Committee Stage (Resumed). (19 Dec 2002)

Brian Lenihan Jnr: No.