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Seanad: Maternity Protection (Amendment) Bill 2003: Second Stage. (28 May 2003)

Willie O'Dea: With regard to Senator Cox's point about the pre-confinement period being fixed at four weeks, I agree with Senators O'Toole and Kett and everyone else who has made this point. However, the Attorney General's advice is that to reduce the period of four weeks would be contrary to Article 1.3 of the relevant European directive. We are members of the European Union, from which we have derived...

Seanad: Maternity Protection (Amendment) Bill 2003: Second Stage. (28 May 2003)

Willie O'Dea: As I understand matters, a European directive cannot be amended.

Seanad: Maternity Protection (Amendment) Bill 2003: Second Stage. (28 May 2003)

Willie O'Dea: The advice of the Attorney General is that, while we would love to change this, legally we cannot do it. I will have the matter looked at again.

Seanad: Auctioneering Profession: Motion. (28 May 2003)

Willie O'Dea: I begin my contribution to the debate by expressing the regrets of my colleague, the Minister for Justice, Equality and Law Reform, Deputy Michael McDowell, at the fact that he is unable to be with us this evening due to other important commitments.

Seanad: Auctioneering Profession: Motion. (28 May 2003)

Willie O'Dea: I thank the Senator. His confidence is touching. The Minister has asked me to thank him and the Independent Senators for raising this important issue and giving me an opportunity to update the House in relation to the matter.

Seanad: Auctioneering Profession: Motion. (28 May 2003)

Willie O'Dea: The review will not be conducted exclusively, or otherwise, by officials from the Department of Justice, Equality and Law Reform nor will it be conducted exclusively by members of the auctioneering profession. It will be a representative body. We will also consider the possibility of imposing a deadline by which the body should report, as such reviews can drag on forever.

Seanad: European Convention on Human Rights Bill 2001: Second Stage. (18 Jun 2003)

Willie O'Dea: It was very interesting to be here today to hear Senator Norris agreeing with Professor Binchy. This must be the first time ever this has happened.

Seanad: European Convention on Human Rights Bill 2001: Second Stage. (18 Jun 2003)

Willie O'Dea: I sincerely thank all Senators for their erudite contributions. I am sorry for only being here for the last hour of what was no doubt a very interesting debate in which very many interesting points were raised. I am sure Committee Stage will be very interesting. Senator Jim Walsh raised a point about the involvement of the Human Rights Commission. To clarify the position, the commission will...

Seanad: European Convention on Human Rights Bill 2001: Second Stage. (18 Jun 2003)

Willie O'Dea: —regarding the genuine concerns some have about sovereignty. We have to take their points of view into account. I always listen with great interest to Senator Norris but particularly on this occasion because he is, as he rightly pointed out, the only Member of the Oireachtas who has had the initiative and courage to take a case all the way to Strasbourg, on which I compliment him.

Seanad: European Convention on Human Rights Bill 2001: Second Stage. (18 Jun 2003)

Willie O'Dea: Unfortunately, the Senator's first reading or understanding of the Bill may have been slightly flawed. The position, as I understand it, is that, as matters stand, a litigant may go all the way to Strasbourg but all he or she will get there by way of compensation are damages. Looking back at the tradition of the awards given in Strasbourg, I understand the amounts are parsimonious.

Seanad: European Convention on Human Rights Bill 2001: Second Stage. (18 Jun 2003)

Willie O'Dea: Indeed. As matters stand, when the Bill becomes law, if the State or any public body is found to be acting in a way which is in breach of the convention, the person concerned will be able to receive damages, not ex gratia but as of right, provided the action in respect of which he or she is getting damages also involves a breach of the Constitution. It is only where the Constitution has not...

Seanad: European Convention on Human Rights Bill 2001: Second Stage. (18 Jun 2003)

Willie O'Dea: One's right to go to Strasbourg will remain unaffected. If one wants to take that route, it will still be available. On the question of appealing the amount, it is not appropriate to talk about appealing something declared to be ex gratia but I will check that point for the Senator.

Seanad: European Convention on Human Rights Bill 2001: Second Stage. (18 Jun 2003)

Willie O'Dea: The Senator quoted from various documents. I understand where he is coming from but, unfortunately, the people who submitted these proposals do not have a monopoly of wisdom. We have received an equal, if not greater, amount of representations from the other side. There is the continuing question of sovereignty. The Senator decried our decision to take the United Kingdom model but we are not...

Seanad: European Convention on Human Rights Bill 2001: Second Stage. (18 Jun 2003)

Willie O'Dea: In reality, the Minister has found a very innovative solution to this thorny question. The debate so far has been very interesting and I am sure the debate on Committee Stage will be no less robust. We look forward to it. Question put. Tá

Seanad: Offences Against the State (Amendment) Act 1998: Motion. (24 Jun 2003)

Willie O'Dea: The resolution before the House today seeks approval for the continuance in force of those sections of the Offences Against the State (Amendment) Act 1998 which would otherwise cease to be in operation on 30 June 2003.

Seanad: Offences Against the State (Amendment) Act 1998: Motion. (24 Jun 2003)

Willie O'Dea: I thank everyone who spoke on the motion, particularly Senators Jim Walsh, Minihan, Kett, Mansergh, Tuffy and Brian Hayes for their support. I thank Senator Brian Hayes for seconding the motion. I have taken note of various points made during the course of the debate which I will discuss with the Minister and the Garda Síochána. These include: the question of dissident terrorists trying to...

Seanad: Adjournment Matters. - Murder of Councillor. (25 Jun 2003)

Willie O'Dea: On behalf of the Minister for Justice, Equality and Law Reform, I thank Senator Higgins for raising this matter and for providing me with an opportunity to address it. Let me state, unequivocally, my abhorrence at the heinous murder of Mr. Eddie Fullerton, who was at the time a Sinn Féin councillor on Donegal County Council, in the early hours of the morning of 25 May 1991. The attack was...

Seanad: Adjournment Matters. - Murder of Councillor. (25 Jun 2003)

Willie O'Dea: I assure the Senator if new information is made available to the Garda, it will be investigated by the force. With regard to the other matters he raised, I will pass on his comments to the Minister for Justice, Equality and Law Reform. However, we remain convinced the Garda is the proper authority to investigate a case of this nature and new information will be fully investigated and pursued....

Seanad: Immigration Bill 2002 [Seanad Bill amended by the Dáil] : Report and Final Stages. (3 Jul 2003)

Willie O'Dea: I thank all Senators for their contributions to this very important legislation. In relation to a few points that have been made, the explanatory memorandum, prepared by officials in the Department of Justice Equality and Law Reform, has been on the Department's website since 23 June. Since then it has been available for scrutiny by Members of both Houses, interest groups and all members of...

Seanad: Immigration Bill 2002 [Seanad Bill amended by the Dáil] : Report and Final Stages. (3 Jul 2003)

Willie O'Dea: There was obviously plenty of time to consider it.

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