Results 221-240 of 4,608 for speaker:Joe O'Toole

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: This is a classic example of what happens. The Minister of State does not know the reason for the uncertainty that required the matter to be clarified, yet he has opted to make this decision based on the advice received. I do not blame him for that, but this is what is going wrong in Irish politics. Everything I have said is factually correct. I am a legislator and do not know what is...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: I move amendment No. 11: In page 18, subsection (1), line 32, to delete "7 years" and substitute "20 years".

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: The problem I have relates to the contract duration which I would like to see increased from seven years to 20. Section 17(1) states: "An Post is designated as the universal postal service provider for a period of 7 years beginning on the commencement date". That is unfair and an extraordinary short period to deal with the business in hand. I have examined recent major contracts. For...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (Resumed) (7 Dec 2010)

Joe O'Toole: The Minister of State misses the point as it is precisely for the reasons he mentioned about innovation and moving forward. It is to ensure people take a long view in respect of making changes. While I am open to correction, my understanding is that ComReg will make a decision on service levels and the form of service. As the Minister of State noted, the universal service obligation is...

Seanad: Order of Business (2 Dec 2010)

Joe O'Toole: On a point of order, I dislike Members telling the Cathaoirleach there is room for improvement. If Senator Callely has a difficulty, he should talk to the Cathaoirleach. It is utterly unacceptable for him to-----

Seanad: Tributes to Member of Staff (2 Dec 2010)

Joe O'Toole: The measure of how well a person does his or her job is how easy he makes it look. On behalf of the Independent benches I say go raibh míle maith agat as ucht do chuid oibre ar feadh dhá scór bliain anois and it is very much appreciated. He has dealt courteously over the years with those of us who have only rented seats in these two Houses. I often saw Shay going about his business and...

Seanad: Order of Business (2 Dec 2010)

Joe O'Toole: We should add to that list those decent public servants who are keeping the infrastructure of the country operational. It is worthwhile recognising this. Let me make a comment on something we will discuss later. We could welcome the fact that the IMF and its friends are insisting on implementation of the Croke Park agreement within the next year. For the past six months I have been saying...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: I listened carefully to what the Minister said. As I said earlier, I do not intend to push amendment No. 6 because it does not quite meet what I intended. I agree with the use of certain "weather" as opposed to "geographical" conditions. I now intend to bring forward a different amendment on Report Stage. This amendment will recognise the points made by the Minister and recognise some...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: What about the installations?

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: The following is the point to be made about primary and second legislation. The Minister has made the argument, which I accept, that secondary legislation cannot undermine or change primary legislation. There is no argument about this. In this instance, we are moving in the other direction. We are translating what is contained in secondary legislation, a regulation, in primary...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: If a provider tenders or pitches for this work, reads the legislation and goes to the regulator to say this is what he or she intends to do, the regulator can state that is not the way things are done here and that this is the service which has always been provided. The person pitching for the work will be able to say this is what the legislation states and means and that this is what he or...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: I move amendment No. 7: In page 16, subsection (1)(a)(ii), lines 32 to 34, to delete all words from and including "or," in line 32 down to and including "installations" in line 34.

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: I ask the Minister to reconsider the amendments. Every time we put a phrase into legislation such as "allowing discretion to be used", it has reached the stage that it must be proved in court that discretion can be exercised and shown as exercised. Every time there is a list with the words "including" or "inter alia", an element not on the list can be challenged in court. The legislation...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: The Minister makes valid points with which I do not disagree. I agree there are elements in the primary legislation and they have been brought to my attention. However, they do not meet what I am talking about. I agree completely with the Minister on the question of primary legislation and accept that the commission should be national regulatory authority. That is not my point. The...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: I thank the Minister for his comprehensive reply and do not doubt his commitment to his argument. I do not propose to press the amendment. However, I ask the Minister to give consideration to my argument. I will read the primary legislation before Report Stage to ascertain if it provides leeway to act in the manner he described. Every morning the Cathaoirleach reads out a list of matters...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: I move amendment No. 5: In page 16, subsection (2), line 15, after "providers" to insert ", trade unions". I am disappointed I had to table this amendment. I hope the reason will become clear as I make my case for it. The fact that I tabled the amendment means that certain matters are not being taken into consideration when legislation is framed. I do not necessarily point my finger at the...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: At least the Minister came to the right House for advice.

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: I thank the Minister and accept his intentions and goodwill. I will withdraw the amendment and I look forward to seeing the new wording on Report Stage.

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: I move amendment No. 6: In page 16, subsection (1)(a), lines 27 to 29, to delete all words from and including "except" in line 27 down to and including "exceptional," in line 29. I had a discussion with Senators O'Sullivan, Mullen, Norris and O'Reilly with regard to these amendments. It is obvious that when one looks out the window of the Chamber, one can see the type of exceptional...

Seanad: Communications Regulation (Postal Services) Bill 2010: Committee Stage (1 Dec 2010)

Joe O'Toole: I will withdraw it then.