DOCSLIB.ORG

Seanad Éireann

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text

Load more

Vol. 263 Wednesday, No. 12 13 February 2019 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Insert Date Here 13/02/2019A00100Gnó an tSeanaid - Business of Seanad � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 687 13/02/2019A00300Nithe i dtosach suíonna - Commencement Matters� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 688 13/02/2019A00400Bus Services � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 688 13/02/2019B00700Road Projects Status � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 690 13/02/2019C00400Primary Care Centres Provision � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 692 13/02/2019D01000Insurance Costs � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 694 13/02/2019G00100An tOrd Gnó - Order of Business � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 697 13/02/2019O00100Criminal Law (Sexual Offences) (Amendment) Bill 2018: Second Stage� � � � � � � � � � � � � � � � � � � � � � � � � 709 13/02/2019CC00100Death of Shane O’Farrell: Motion � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 716 13/02/2019MM00100Loneliness Task Force Report: Statements � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 728 13/02/2019TT00400Criminal Justice (Rehabilitative Periods) Bill 2018: Second Stage � � � � � � � � � � � � � � � � � � � � � � � � � � � � � 744 SEANAD ÉIREANN Dé Céadaoin, 13 Feabhra 2019 Wednesday, 13 February 2019 Chuaigh an Leas-Chathaoirleach i gceannas ar 10.30 a.m. Machnamh agus Paidir. Reflection and Prayer. 13/02/2019A00100Gnó an tSeanaid - Business of Seanad 13/02/2019A00200An Leas-Chathaoirleach: I have received notice from Senator Maria Byrne that, on the motion for the Commencement of the House today, she proposes to raise the following matter: The need for the Minister for Transport, Tourism and Sport to consider implementing a BusConnects plan for public transport in Limerick city� I have also received notice from Senator Maura Hopkins of the following matter: The need for the Minister for Transport, Tourism and Sport to provide an update on the N5 - Ballaghaderreen to Scramogue - project. I have also received notice from Senator Rose Conway-Walsh of the following matter: The need for the Minister for Health to provide an update on the proposed primary care centre in Bangor Erris, County Mayo. I have also received notice from Senator Robbie Gallagher of the following matter: The need for the Minister for Finance to make a statement on the measures being taken to address insurance costs in the motor and business sectors� I have also received notice from Senator Brian Ó Domhnaill of the following matter: The need for the Minister for Finance to undertake a review of the criteria surrounding eligibility for a primary medical certificate. I have also received notice from Senator Neale Richmond of the following matter: The need for the Minister for Children and Youth Affairs to provide an update on the planned baby box scheme� 687 Seanad Éireann I have also received notice from Senator Michelle Mulherin of the following matter: The need for the Minister for Business, Enterprise and Innovation to make a statement on the efforts of IDA Ireland to deliver foreign direct investment and jobs to north and east Mayo, including the construction of an advance technology building in Ballina. The matters raised by the Senators are suitable for discussion� I have selected the matters raised by Senators Byrne, Hopkins, Conway-Walsh and Gallagher and they will be taken now. The other Senators may give notice on another day of the matters they wish to raise. 13/02/2019A00300Nithe i dtosach suíonna - Commencement Matters 13/02/2019A00400Bus Services 13/02/2019A00500Senator Maria Byrne: I raise the issue of bus services in Limerick which have been an ongoing problem for quite a while. The main issue is with the very busy 304 and 304A bus routes which start in Raheen-Dooradoyle on one side of the city and extend through it as far as the University of Limerick. For the past six months or more buses have been running between ten and 25 minutes late each morning. I have spoken to people who use services on the routes and two weeks ago took the option to travel on a bus with one of them. It was quite an experi- ence. The bus arrived 27 minutes late. It was a single-decker, although normally it is a double- decker, and not suitable, given the number of passengers who use it. At one of the stops in the city there were around 70 people waiting to get on but only half of them were able to do so. One woman said she would be 20 minutes late for work� The bus does not travel as far out as Mungret which is on the outskirts of the city and expanding. When we eventually reached the University of Limerick, the final stop on the route, the journey had taken one hour. A number of the passengers were late for college or work. There are several high technology companies in the area and many people who live on one side of the city and work on the other are constantly late for work� I spoke to two students at the bus stop who were afraid that they would not be allowed on the bus. When people complain, they are given a form to fill in, but I do not know where the forms go as no solutions seem to emerge. People have complained and demanded that something be done but to no avail. I am calling on the Minister for Transport, Tourism and Sport to roll something out similar to the BusConnects scheme in Dublin. Limerick is the third largest city in the country but bus services cannot arrive on time. A private bus service which I will not name can bring people from Ennis and Bunratty to the University of Limerick faster than the bus service can bring people from Raheen and Dooradoyle to the university. That is not acceptable. It is frustrating for the commuters who use the service and get no replies to their complaints� I call on the council, Bus Éireann and the National Transport Authority to work together to resolve the issue. Smaller buses and better routes have been mentioned, but that will not happen for a couple of years. I am concerned with what is happening now. People’s examinations are coming up. In addition to the problems I have outlined, the real time app does not always give the cor- rect arrival times of bus services. At the bus stop where I got on, on Barrington Street, there was not even a sign. Tourists do not know it is where the bus stops because there is only a mark 688 13 February 2019 on the road to indicate it. I would love the Minister to intervene to resolve this ongoing issue. A couple of hundred people use the service daily. The other morning about 30 people were left behind at one of the stops. Two buses were working the route but one stopped, presumably to allow the driver to take his or her break as he or she is entitled to do� Unfortunately, however, the second bus could not facilitate the number of people waiting at the bus stop. I have given an overview of some of the issues� 13/02/2019B00200Minister for Transport, Tourism and Sport (Deputy Shane Ross): I thank the Senator for raising these issues, which I know are very important in the Limerick area. I should point out that she called on the council and the National Transport Authority to remedy this matter in whatever way they can. She will appreciate that I cannot micromanage the routes about which she spoke because I am in charge of policy. However, I would be delighted to relay what she said to both those bodies if she thinks it would be useful and effective. As the Senator is aware, my priority and that of the Government, over the next few years, is to rapidly increase investment in public and sustainable transport infrastructure and services across the country, including the Limerick metropolitan area to which the Senator referred. We will do this in an integrated and planned manner. That integration is clearly visible as we look across the key policy frameworks and their ambition for Limerick� The national planning framework states that the provision of a city-wide public transport network, with enhanced accessibility from the city centre to the National Technology Park, the University of Limerick and Shannon Airport is a key growth enabler. It also states that the development of a strategic cycling network is another key growth enabler for the city. That recognition follows through to the commitments found in national strategic outcome No. 5, sus- tainable mobility, which commit towards expanding public transport generally and developing cycling networks in our major cities. As the Senator knows, the commitments made in the national planning framework are backed by the indicative allocations provided in the national development plan, which is a ten- year strategy for Exchequer investment. I am delighted to say that the indicative allocations in the national development plan include €8.6 billion to realise national strategic outcome No. 5, sustainable mobility. In realising that national strategic outcome, the Senator can be assured that investment will be provided towards
Recommended publications
  • Baltimore County Circuit Court Affidavit of Service

    Baltimore County Circuit Court Affidavit of Service

    Baltimore County Circuit Court Affidavit Of Service PesteredFretfulCultic Marven Caryl and underdoes lintygab Zebulonno malfunction no roustaboutdisplay sprigging so entomologicallyunbox measuredly all-fired after that after TalbertOtes Osmond average tooths dull hisblindly, polemically, inflators. quite awestruck. quite mirier. Hillsborough county wv lewis county, md residency requirement: your monthly expenses, mo sales and community outreach community familiar with this service of county circuit court and utility deposits, smith auto title data As an emergency operations been conducting research the baltimore county circuit court affidavit of service to the oakland county treasurer, circuit court has any case in baltimore city code. Millin information for service. Human resources americans with trump must be brought under maryland, service is competent to baltimore city county auditor on affidavit judgment cases in baltimore county circuit court affidavit of service of. You must attend it is not abrogate any in baltimore county circuit court affidavit of service company by the questions about the amount. For baltimore city, including local office of the train was untimely removal of reports may be prolonged up after jobs are temporarily closed days court in baltimore county circuit court affidavit of service. Its eurozone peers in baltimore county circuit court affidavit of service for baltimore city and divorce in the court is somewhat different between a fee waiver of execution against indictment cases sealed by. Office provides sex offender will not yet been initiated and baltimore county circuit court affidavit of service that service is limited jurisdiction objections, to baltimore city will be updated daily dockets. Fifth judicial education, the highest level, assuming you have been out of maryland requires legal matter of service on his vocation.
  • Remote Court Hearings

    Remote Court Hearings

    Oireachtas Library & Research Service | Bill Digest L&RS Note Remote Court Hearings Rebecca Halpin, Parliamentary Researcher, Law Abstract<xx> July 2020 28 July 2020 This L&RS Note considers the use of remote hearings in Ireland during the Covid-19 pandemic. The paper describes the way in which remote hearings have been introduced in Ireland and the type of matters in which they are used. The paper then considers the difficulties associated with remote hearings, the need for legislative reform, and circumstances in which remote hearings may be unsuitable. The L&RS gratefully acknowledges the assistance of Dr Rónán Kennedy, School of Law, NUI Galway in reviewing the contents of this Note in advance of publication. Oireachtas Library & Research Service | L&RS Note Contents Summary ........................................................................................................................................ 1 Introduction ..................................................................................................................................... 2 Remote hearings – an overview ...................................................................................................... 3 ICT in Irish courts – capability and capacity .................................................................................... 4 Recent developments that facilitated the introduction of remote hearings .................................. 5 Impact and response to Covid-19 pandemic ..................................................................................
  • Download Bar Review Volume 21

    Download Bar Review Volume 21

    THE BAR Volume 21 Number 2 REVIEWJournal of The Bar of Ireland April 2016 Unlawful detention CONTENTS The Bar Review The Bar of Ireland Distillery Building 145-151 Church Street Dublin DO7 WDX8 Direct: +353 (0)1 817 5166 Fax: +353 (0)1 817 5150 Email: [email protected] Web: www.lawlibrary.ie EDITORIAL BOARD 45 Editor Eilis Brennan BL Eileen Barrington SC 66 Gerard Durcan SC Eoghan Fitzsimons SC Niamh Hyland SC Brian Kennedy SC Patrick Leonard SC Paul Anthony McDermott SC Sara Moorhead SC Brian R Murray SC James O'Reilly SC Mary O'Toole SC Mark Sanfey SC 56 Claire Bruton BL Diane Duggan BL Claire Hogan BL Grainne Larkin BL Mark O'Connell BL Thomas O'Malley BL Ciara Murphy, Director Shirley Coulter, Director, Comms and Policy Vanessa Curley, Law Library Deirdre Lambe, Law Library Rose Fisher, PA to the Director Tom Cullen, Publisher Paul O'Grady, Publisher PUBLISHERS Published on behalf of The Bar of Ireland 54 59 48 by Think Media Ltd Editorial: Ann-Marie Hardiman Paul O’Grady Colm Quinn Message from the Chairman 44 Interview 56 Design: Tony Byrne Tom Cullen Moving on Ruth O’Sullivan Editor's note 45 Niamh Short Advertising: Paul O’Grady Law in practice 59 News 45 Commercial matters and news items relating Damages for unlawful judicial jailing 59 to The Bar Review should be addressed to: Launch of Bar of Ireland 1916 exhibition Controlling the market 62 Paul O’Grady Bar of Ireland Transition Year Programme The Bar Review Report from The Bar of Ireland Annual Conference 2016 The Battle of the Four Courts, 1916 66 Think Media Ltd The
  • 1 an Taoiseach Enda Kenny TD Department of an Taoiseach

    1 an Taoiseach Enda Kenny TD Department of an Taoiseach

    An Taoiseach Enda Kenny TD Department of an Taoiseach Government Buildings Merrion Street Dublin 2 4 November 2014 RE: Law Enforcement Access to Data in the Irish Cloud Dear Taoiseach, As you know, the American Chamber of Commerce Ireland has close working relationships with the global American Chamber network. This network represents the interests of American multi-national companies across the world. The American Chamber of Commerce Ireland is one of the largest chambers in Europe as a result of the large base of American companies located in Ireland. These companies provide benefits, and economic growth in Europe, and several are technology companies that offer cloud-computing technology to European customers. Europeans can derive many benefits from widespread adoption of cloud computing technology. However, many Europeans may be hesitant to embrace cloud services because of lack of clarity about how their data is stored in remote data centres, many of which are located in Ireland. As a result of a number of matters that have been widely reported, such as the Snowden disclosures, European citizens have become more sensitive to ensuring respect for their right to privacy, including controls over how and to what extent data relating to them might be accessed by law enforcement authorities. The multijurisdictional dimension of cloud computing presents a number of legal challenges in this regard. This letter addresses one of the specific concerns - the extraterritorial reach of law enforcement authorities to access data in the context of routine criminal investigations. We believe that this concern can be effectively addressed by the Irish and US governments, to enhance the public’s trust while also increasing the effectiveness of law enforcement.
  • Supreme Court Visit to NUI Galway 4-6 March, 2019 Welcoming the Supreme Court to NUI Galway

    Supreme Court Visit to NUI Galway 4-6 March, 2019 Welcoming the Supreme Court to NUI Galway

    Supreme Court Visit to NUI Galway 4-6 March, 2019 Welcoming the Supreme Court to NUI Galway 4-6 March, 2019 Table of Contents Welcome from the Head of School . 2 Te School of Law at NUI Galway . 4 Te Supreme Court of Ireland . 6 Te Judges of the Supreme Court . 8 2 Welcome from the Head of School We are greatly honoured to host the historic sittings of the Irish Supreme Court at NUI Galway this spring. Tis is the frst time that the Supreme Court will sit outside of a courthouse since the Four Courts reopened in 1932, the frst time the court sits in Galway, and only its third time to sit outside of Dublin. To mark the importance of this occasion, we are running a series of events on campus for the public and for our students. I would like to thank the Chief Justice and members of the Supreme Court for participating in these events and for giving their time so generously. Dr Charles O’Mahony, Head of School, NUI Galway We are particularly grateful for the Supreme Court’s willingness to engage with our students. As one of Ireland’s leading Law Schools, our key focus is on the development of both critical thinking and adaptability in our future legal professionals. Tis includes the ability to engage in depth with the new legal challenges arising from social change, and to analyse and apply the law to developing legal problems. Te Supreme Court’s participation in student seminars on a wide range of current legal issues is not only deeply exciting for our students, but ofers them an excellent opportunity to appreciate at frst hand the importance of rigorous legal analysis, and the balance between 3 necessary judicial creativity and maintaining the rule of law.
  • Ireland Independent Judiciary 2006

    Ireland Independent Judiciary 2006

    Brian Curtin v Dail Eireann, Seanad Eireann, et al. Supreme Court [2006] IESC 14, 2 IR 556 9 March 2006 HEADNOTE: Article 35.4.1o of the Constitution provides:- "A judge of the Supreme Court or the High Court shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by Dail Eireann and by Seanad Eireann [lower house and upper house of parliament, respectively] calling for his removal." Pursuant to s. 39 of the Courts of Justice Act 1924, Circuit Court Judges held office by the same tenure as High Court Judges. The applicant, a judge of the Circuit Court, sought to challenge by way of judicial review, a direction of an Oireachtas [Parliament] committee (established following the proposal of a resolution to remove him from office pursuant to Article 35.4.1o of the Constitution) to produce his personal computer to the committee. It was accepted that the computer contained material which constituted child pornography, as defined by the Child Trafficking and Pornography Act 1998, but the applicant contended that the material was not knowingly in his possession. The applicant had been prosecuted on indictment for offences under the Act of 1998 and acquitted by direction of the trial judge, by reason of the fact that the warrant used to enter his property had been invalid on the date of its execution, when the computer was seized by the gardai. The computer was retained in the possession of the Garda Commissioner. As part of the scheme to enable the Oireachtas to deal with the case of the applicant under Article 35.4.1o, the Oireachtas passed the Committees of the Houses of the Oireachtas (Compellability, Privileges and Immunities of Witnesses) (Amendment) Act 2004, which provided for the attendance of a judge as a witness before an Oireachtas committee and the Child Trafficking and Pornography (Amendment) Act 2004 which was designed to permit hearings to be conducted and material to be considered without breach of the Act of 1998.
  • Seanad Éireann

    Seanad Éireann

    Vol. 261 Thursday, No. 5 15 November 2018 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Insert Date Here 15/11/2018A00100Business of Seanad 292 15/11/2018A00300Commencement Matters 293 15/11/2018A00400Urban Development 293 15/11/2018B00450Gender Equality 295 15/11/2018D00300Hospital Services 299 15/11/2018E00100Domestic Violence Policy �������������������������������������������������������������������������������������������������������������������������������������301 15/11/2018G00100Order of Business 303 15/11/2018N01400Irish Nationality and Citizenship (Naturalisation of Minors Born in Ireland) Bill 2018: First Stage 319 15/11/2018P00100Greyhound Racing Bill 2018: Committee Stage (Resumed) 320 15/11/2018MM00100Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) 360 SEANAD ÉIREANN Déardaoin, 15 Samhain 2018 Thursday, 15 November 2018 Chuaigh an Leas-Chathaoirleach i gceannas ar 1030 am Machnamh agus Paidir. Reflection and Prayer. 15/11/2018A00100Business of Seanad 15/11/2018A00200An Leas-Chathaoirleach: I have notice
  • Address of the Hon. Mr Justice Frank Clarke, Chief Justice of Ireland, to the Law Reform

    Address of the Hon. Mr Justice Frank Clarke, Chief Justice of Ireland, to the Law Reform

    Address of The Hon. Mr Justice Frank Clarke, Chief Justice of Ireland, to the Law Reform Commission Annual Conference, November 2017 ____________ Firstly can I thank the President for the opportunity to do the one thing I have wanted all my life; that is to be the warm up act for Michael McDowell and Dearbhail McDonald. Those who are old enough will remember that, in a previous life, one John Quirke was a quite distinguished scrum half in rugby who represented Leinster and occasionally Ireland. So I feel now like the out-half who has just been passed the ball by the nippy scrumhalf and I have to make a number of decisions. Do I deploy the hard-running of inside-centre McDowell; or the silkier skills of outside-centre McDonald; or do I try and go for a run on my own; or do I put up a Garryowen and throw up a few ideas and see where they land. I will leave it up to you at the end of my address to determine which of these plays I have decided to deploy. I would like to do two things. First, I hope to make some general observations on where we are at in relation to law reform, particularly so far as it affects the courts, as that is the day job and it is my job to consider these matters in relation to the courts; and second, to seek to apply those general observations to a number of areas which might benefit from future research on the part of the Law Reform Commission.
  • Courts Service Ireland

    Courts Service Ireland

    Response questionnaire project group Timeliness Courts' Service Ireland 1 The Court System and Available Statistics 1.1 The Court System The Irish justice system consists primarily of four tiers of courts; the District Court, the Circuit Court, the High Court and the Supreme Court. The District Court is the lowest court, having jurisdiction over minor civil and criminal matters. The civil jurisdiction does not exceed €6,348.69. For criminal matters the Court only hears minor offences. It only hears criminal cases where the maximum custodial sentence permitted upon conviction is 12 months or up to 2 years where a consecutive sentence is imposed. The District Court also has some jurisdiction in the family law area. Proceedings in Family Law are not heard in open court and are as informal as is practicable. The District Court also has wide powers in relation to liquor and lottery licensing. The Circuit Court has jurisdiction in most criminal jury trials and civil matters with a jurisdiction not exceeding €38,092.14. It also hears appeals from the District Court. The Circuit and High Court have concurrent jurisdiction in the area of Family Law. The Circuit Court has jurisdiction in a wide range of family law proceedings, (judicial separation, divorce, nullity and appeals from the District Court). The High Court has full and original jurisdiction in all matters and is the constitutional Court of first instance. In terms of its criminal jurisdiction, it sits as the Central Criminal Court and has jurisdiction over the most serious criminal trials, including those relating to murder, rape and serious sexual offences.
  • Seanad Éireann

    Seanad Éireann

    Vol. 251 Wednesday, No. 13 17 May 2017 DÍOSPÓIREACHTAÍ PARLAIMINTE PARLIAMENTARY DEBATES SEANAD ÉIREANN TUAIRISC OIFIGIÚIL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Insert Date Here 17/05/2017A00100Business of Seanad 828 17/05/2017A00300Commencement Matters 829 17/05/2017A00400Road Projects Status 829 17/05/2017B00500Hospitals Car Park Charges 832 17/05/2017C00600GLAS Payments ���������������������������������������������������������������������������������������������������������������������������������������������������833 17/05/2017D00550School Closures 836 17/05/2017G00100Order of Business 839 17/05/2017Q00200Adoption (Information and Tracing) Bill 2016: Order for Second Stage 860 17/05/2017Q00600Adoption (Information and Tracing) Bill 2016: Second Stage �����������������������������������������������������������������������������860 17/05/2017BB00462Business of Seanad 885 17/05/2017CC00100Second Interim Report of the Commission of Investigation into Mother and Baby Homes and Certain Related Matters: Statements 886 17/05/2017KK01050Business
  • Local Returning Officers – 2012

    Local Returning Officers – 2012

    Local Returning Officers – 2012 Constituency Name & Address Telephone Fax E-mail Carlow-Kilkenny Mary N Enright, 056 - 7722073 056 - 7789647 [email protected] Courthouse, Parliament St., Kilkenny. Cavan-Monaghan Joseph Smith, 049 - 4331530 049 - 4331089 [email protected] Circuit Court Office, Courthouse, Cavan. Clare Patrick Wallace, 065 – 6867551 065 - 6822499 [email protected] The Courthouse, Ennis, Co. Clare. Cork East Michael O'Driscoll, 021 - 4271364 021 - 4275575 [email protected] Cork North-West 70 South Mall, Cork South-West Cork. (County) Cork North-Central Martin A Harvey, 021 - 4271787 021 - 4273440 [email protected] Cork South-Central 33 Washington Street, et (City) Cork. Donegal North-East Geraldine O’Connor, 074 - 9128711 074 - 9121097 GeraldineOConnor@cour Donegal South-West Circuit Court Office, ts.ie Courthouse, Letterkenny, Co. Donegal. Dublin Central John M Fitzpatrick 01- 6759003 01 - 6703021 info@dublincityreturning Dublin North-Central 13 Fownes Street, 01- 6759004 officer.com Dublin North-East Dublin 2. 01 - 6759005 Dublin North-West Dublin South-Central Dublin South-East (City) Dublin Mid-West John M Fitzpatrick, 01 – 8603077 01 – 8603075 info@dublincountyreturni Dublin North Unit 17, ngofficer.com Dublin South Tolka Valley Business Park, Dublin South-West Ballyboggan Road, Dublin West Finglas, Dun Laoghaire Dublin 11. (County) Galway East Marian Chambers Higgins, 091 – 511500 091 - 565079 marianchambershiggins@ Galway West Circuit Court Office, courts.ie Courthouse, Galway. [1] Constituency Name & Address Telephone Fax E-mail Kerry North – West Limerick Padraig Burke, 066 – 7178700 N/A [email protected] Kerry South Circuit Court Office, The Courts Service, Floor 2, Centre Point, John Joe Sheehy Road, Tralee, Co.
  • Denis Riordan, Intended Plaintiff V. an Taoiseach

    Denis Riordan, Intended Plaintiff V. an Taoiseach

    4 I.R. The Irish Reports 463 Denis Riordan, Intended Plaintiff v. An Taoiseach, An Tánaiste, Minister for Finance, Government of Ireland, Attorney General, Chief Justice of Ireland, President of the High Court and Ireland (No. 5) Intended Defendants [2001 No. 45 I.A.] High Court 11th May, 2001 Practice and procedure – Isaac Wunder order – Leave to issue proceedings – Whether claim frivolous or vexatious – Whether intended plaintiff had locus standi – Courts (Establishment and Constitution) Act, 1961 (No. 38), ss. 1(3) and (4), 2(3), (4) and (5) – Finance Act, 2001 (No. 7), s. 33 - Constitution of Ireland, 1937, Articles 34 to 36. Constitution – Locus standi – Right of access to courts – Restriction of right – Whether claim vexatious – Whether claim abuse of process of court. By order of the High Court, the intended plaintiff had been restrained from issuing proceedings against a number of parties, including the first, second, fourth and fifth intended defendants without prior leave of the court. The intended plaintiff sought leave from the High Court to institute proceedings against the intended defendants. The intended plaintiff sought a declaration that ss. 1(3) and (4), 2(3), (4) and (5) of the Courts (Establishment and Constitution) Act, 1961, together with s. 33 of the Finance Act, 2001, were repugnant to the Constitution. The intended plaintiff also claimed that the division of the Supreme Court which purported to hear the appeal in Riordan v. An Taoiseach [2000] 4 I.R. 537, was operating unconstitutionally and that the appointment of a minister of state to the Government was and is illegal and was therefore unconstitutional.