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Seanad: National Development Finance Agency Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

John Paul Phelan: I move amendment No. 7: In page 13, subsection (4)(a), line 42, after "is" to insert "reasonably". This section primarily states that information expressed by the board or the Minister is confidential. As it stands the Minister can define anything as confidential. This goes beyond what would be desirable in this situation. This amendment would provide that information that is reasonably...

Seanad: National Development Finance Agency Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

John Paul Phelan: I move amendment No. 8: In page 14, before section 20, to insert the following new section: "20.–(1) It shall be an offence for any member of the Board, the Chief Executive Officer or a member of staff of the Agency or the National Treasury Management Agency or a consultant adviser or other person engaged by the Agency to receive any improper payment from persons involved directly or...

Seanad: National Development Finance Agency Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

John Paul Phelan: I move amendment No. 9: In page 15, between lines 27 and 28, to insert the following new paragraph: "(b) the policies adopted by the Agency in implementing its functions,". The amendment is self-explanatory. It seeks to expand the role of the Committee of Public Accounts in dealing with the authority and the chief executive officer of the authority, whereby the committee can question the...

Seanad: National Development Finance Agency Bill, 2002: Committee and Remaining Stages. (17 Dec 2002)

John Paul Phelan: I move amendment No. 10: In page 15, between lines 39 and 40, to insert the following subsection: "(7) The Chief Executive Officer and the Chairperson shall whenever required by a committee of the Oireachtas give evidence to that committee on any projects with which it is involved that fall within the terms of reference of the said committee.". This amendment seeks to broaden the scope of the...

Seanad: National Development Finance Agency Bill, 2002: Motion for Earlier Signature. (17 Dec 2002)

John Paul Phelan: I join Senator Mansergh in thanking the Minister of State and the Minister for Finance. I have some reservations about the Bill. I am disappointed that sufficient time was not allocated to allow us to complete the various Stages. However, I do not blame the Minister of State for that. I wish the Minister of State and everyone else all the best for Christmas.

Seanad: Order of Business. (5 Feb 2003)

John Paul Phelan: Is that a question or a statement?

Seanad: Order of Business. (5 Feb 2003)

John Paul Phelan: A bit like the Minister for Finance.

Seanad: Road Safety: Motion. (5 Feb 2003)

John Paul Phelan: There is no danger of that happening.

Seanad: Road Safety: Motion. (5 Feb 2003)

John Paul Phelan: I thank Senator O'Toole for sharing his time and Senator Quinn for tabling this motion. I am glad the Minister of State, Deputy McDaid, has attended this important debate.

Seanad: Order of Business. (11 Feb 2003)

John Paul Phelan: I support the calls by Senators Terry, Feeney and others for a debate on crime. I spoke to a lady yesterday who was mugged in daylight in New Ross last week. I know of another lady who suffered a similar fate the week before in Kilkenny.

Seanad: Order of Business. (11 Feb 2003)

John Paul Phelan: This is an important issue on which a debate was called for over several weeks. I urge the Leader to ask the Minister for Justice, Equality and Law Reform to come into the House and debate this vital issue which is affecting communities throughout the country.

Seanad: Unclaimed Life Assurance Policies Bill 2002: Second Stage. (12 Feb 2003)

John Paul Phelan: I welcome the Minister of State to the House. He is an able substitute for the Minister for Finance who cannot be with us this morning.

Seanad: Unclaimed Life Assurance Policies Bill 2002: Committee Stage. (12 Feb 2003)

John Paul Phelan: I move amendment No. 1: In page 11, subsection (2)(b), line 31, after "Chapter 2" to insert the following: "which shall apply even if the proceeds of such unclaimed policies have already been transferred to the Dormant Accounts Fund".

Seanad: Unclaimed Life Assurance Policies Bill 2002: Committee Stage. (12 Feb 2003)

John Paul Phelan: I move amendment No. 2: In page 12, subsection (3)(d), line 2, after "policies" to insert "provided the regulation does not adversely affect the interest of the policy holder". Section 7 states the aim is "to reduce the administrative and financial burden of maintaining unclaimed policies". The amendment seeks to avoid a situation where a financial institution or an insurance company could...

Seanad: Unclaimed Life Assurance Policies Bill 2002: Committee Stage. (12 Feb 2003)

John Paul Phelan: It would not do any harm. The purpose of the amendment is specifically to mention the policyholder in the section. The policyholder is not mentioned in the provision as it stands. I accept the Minister of State's response but the inclusion of the words "policy holder" would not have a detrimental effect. I urge him to reconsider.

Seanad: Unclaimed Life Assurance Policies Bill 2002: Committee Stage. (12 Feb 2003)

John Paul Phelan: I move amendment No. 3: In page 12, subsection (1), lines 5 to 7, to delete all words from and including ", except" in line 5 down to and including "policy," in line7. Under this section policyholders who may have more than one policy with an insurance company do not have to be notified more than once. If a policy has reached its conclusion and in two or three years another policy was to be...

Seanad: Unclaimed Life Assurance Policies Bill 2002: Committee Stage. (12 Feb 2003)

John Paul Phelan: I agree with Senator McDowell. When one considers that the companies have had the benefit of unclaimed funds for a number of years, it is not an undue burden to expect them to try to make contact with policyholders on more than one occasion. While newspaper advertising is a good idea, there are many different daily newspapers. Some years ago, it may have been enough to place an advertisement...

Seanad: Unclaimed Life Assurance Policies Bill 2002: Committee Stage. (12 Feb 2003)

John Paul Phelan: Again I agree with Senator McDowell. The Minister said that it would be of benefit to the assurance companies to offload these policies. If that is the case, then surely we need to have more protection for the consumer. If it would be to the benefit of the assurance companies to offload the accounts to the fund which will be established, and if they cut corners and do not try to look up every...

Seanad: Unclaimed Life Assurance Policies Bill 2002: Committee Stage. (12 Feb 2003)

John Paul Phelan: I move amendment No. 4: In page 12, subsection (1), line 36, to delete "€500" and substitute "€250". I mentioned, when discussing amendment No. 1, that the figure of €500 is used in the Bill. This amendment is designed to question how or why that figure was arrived at. My understanding is that, in similar legislation dealing with dormant bank accounts, a figure of €100 or thereabouts...

Seanad: Unclaimed Life Assurance Policies Bill 2002: Committee Stage. (12 Feb 2003)

John Paul Phelan: I welcome the Minister of State, Deputy Gallagher, to the House. I am somewhat satisfied with part of what he has said. He noted that the Minister envisages the possibility of lowering the threshold in the future. We come back to the financial institutions that will be affected by this. I would imagine that many accounts, particularly older ones, would fall under the €500 threshold, and it...

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