that international law does apply. We have an International Court of Justice decision that states very clearly that trade with the illegal settlements is illegal. That includes goods and services. Plainly, trade in services is just as morally wrong as trade in goods. It is against … services, thereby bringing themselves into the same realm the Government and the State would be in if we ensured this legislation amounted to a ban on services.
We should ban trade in services. I think the day will come that we do so. I hope it happens
Search the record
Every word spoken in the Dáil and every parliamentary question asked, matched on word forms as well as exact spelling, so "housing" also finds "houses".
Narrow it down: a TD or a date range
25+ in debates · 0 in questions · page 4
In debates
services and should be enacted before the end of the year. We are two months on and the Government is just kicking the can down the road trying to avoid taking action.
The Minister of State made the point about all these other countries having different legal frameworks … argument has also been that the problem here is European law. European law applies equally to all European countries. If we cannot do services in Ireland because of European law, it cannot be done in Spain either
here. The deadline in the 2015 Act did not just suddenly appear. As a State, successive Governments have had years to prepare for the transition away from wardship. The Decision Support Service was trying to do its best in these circumstances but, in my view, was not given … things.
I welcome the Bill. It is better than leaving people in legal uncertainty, but unless it is met with resources, it will be just a stopgap. I wish the Minister of State well in bringing this legislation forward. It is not a field in which I consider
month to sanction Israeli extremist settlers and entities and those who enable them. That was hard fought for around the table. Every member state has a veto on that issue. The political reality is that we have to deal with that around the table. We hold the veto … breaches of international law.
The question of services has been the main issue in this debate. This Government and any government has a responsibility to ensure that any legislation is legally robust, capable of being implemented and can withstand legal challenge. In the case of goods, a public
Bill. Consistently, we were told that cannot be done because of legal reasons because of the Attorney General's advice. Then, it was seemingly leaked and published by The Ditch, which stated that issues of including services in the Bill was a political decision and it had nothing
spoken about legal regression, and we cannot have that, but how are we going to define who can give such advice within this State? Can I, as a TD? Will it be civil society through citizens information? Is this where we are going or, as Deputy Gannon … this country for translation services. We do not have it and I think it is actually going to cause a lot of legal issues in cases in the years to come. How are we going to ensure that the standard stated in the regulations is met?
Will
other words, it should be stated that the Minister will not enact legislation until he can be assured that he can implement it and that the resources allocated for the purpose of implementing the Bill, including staffing levels, accommodation capacity, interpretation services, legal assistance provision and IT systems … functions assigned to them under the Act. This should be an assurance the Minister would be happy to include in legislation. He should state that he would not enact it until he can be assured of this.
I am sure other members of the committee will tell
some of my worries in relation to this. As I stated, we did not want to create a set of circumstances where people found themselves in legal limbo. However, representatives from St. John of God intellectual disability services approached me, and the committee also had other correspondence … limbo. One thing I am happy about is that the representatives of the Department and the Courts Service are engaging with St. John of God intellectual disability services. It is vital that they get to a point of reconciliation, for want of a better term. They had also
risks conflating two separate matters: the legal recognition of a person’s gender identity and the recording of sex within the State’s civil registration system.
There are also unresolved questions concerning the Bill’s interaction with existing legislation, public service delivery and Government systems, including important health … consistently across the State. The proposed equality protections must likewise be coherent within the wider body of equality law. The objective of protecting intersex people from discrimination is important but a legitimate objective does not remove the need for a sound and effective legal or legislative mechanism.
These
tools. The first is the European production order. This will allow a judicial authority in one member state to obtain electronic evidence directly from a service provider in another. It must respond within ten days or, in an emergency, within eight hours. It is ten days instead … Minister and his officials on the legislation. Ireland hosts a large share of Europe's digital economy. Many of the service providers that other member states will turn to for evidence are based here. That gives us a responsibility and an opportunity. By implementing this package fully
only be enforceable under this new section and only where doing so does not compromise the constitutional order of the State or the autonomy of the EU legal order. That is a significant constitutional safeguard.
The Bill also provides for a leap-frog appeal so that any serious … plays to our strengths.
We can see that clearly in Dublin, and in the area the Minister of State and I represent, Dún Laoghaire–Rathdown. Canadian-backed financial services, insurance and asset management firms employ substantial numbers of people in Sandyford and across the wider Dublin area. Canadian
will read the note for the Deputy. It states: "Amendment No. 6 would insert a new definition for legal counselling, a term used later in the Bill, but this definition would provide that such services be provided to persons without charge to the applicant, irrespective of a person
clear on its impact. The Government remains open to including services, subject to legal advice, but, as the Taoiseach said last week, we should be concerned about how the Bill could be misunderstood in the United States. The Taoiseach has highlighted US legislation that is present in many
need to start valuing it for the ecological services it provides. From that perspective, I understand that the Minister of State is awaiting the outcome of the consultation but will also take into account legal considerations.
In parallel with all of that, it would be very worthwhile
position is different now, at least legally, than it was in 2018.
Deputies Murphy, Ó Murchú, Stanley and Connolly all asked a very fair question in asking me to tell them the legal difference in relation to goods versus services. That is a perfectly appropriate question … Black I made the point that the position of my Department, from a legal point of view, was that goods were potentially legally permissible but services may not be. I also said I was happy to be proven wrong on that. There is a practical implication around services
complicity with genocide, it was backed by sound legal advice which clearly stated that the Bill was compliant with Irish, European and international law. Under EU law, Ireland is fully entitled to unilaterally restrict access to its financial services. When it comes to the sale of war bonds … moved to ethnic cleansing. Ireland cannot be a conduit for blood money. We know what the bonds are going towards. We have the legal authority to do something. It is time for us to act. It is time for us to stand
legal entitlement to an assessment of needs within six months.
I want to draw attention to two areas in the programme for Government that directly affect my constituency of Tipperary South. The first is palliative care. The Government states it is committed to enhancing palliative care services
respect of their application to determine the member state responsible under the Asylum and Migration Management Regulation or in respect of an appeal. Legal advice is given the same meaning as it has under the Legal Services Regulation Act 2015 and may be provided by a practising solicitor
practical response to the scale of the service’s current obligations and the need to ensure that all sectors receive fair and balanced attention. The Minister of State must also be mindful of the legal context in which these interactions occur and of the advice available
telling us to review another Act, the Disability Act 2005. It is an incredible situation.
The Government talks about the need for a legal, rights-based, inclusive education system but we all know that when it comes to children with additional needs, this Government disregards those rights … What is the Minister of State's advice for my constituent when her foster child is being refused an assessment and his legal right to education? For this child, there is a tragic and direct link between the lack of essential services available to him and his ability
litem can do all of these things on behalf of the child and are fully legally represented in court. There is currently no waiting list for guardians ad litem and legal services are immediately engaged without any delay. In stark contrast, from the commencement of the new guardian … legal representation. Guardians ad litem are concerned about this logic. The State now sees them as only necessary in circumstances where the parents and Tusla are not engaged. The role of guardians ad litem is not to prop up the case for the State or the parents
This comes back to parents who want access to these services for their children, whether they go into the primary care setting, CDNTs or CAMHS, being signposted in the right direction and getting access to the services they need.
The issue of the length of time … them early or accelerated access to services but they often find themselves on a further waiting list after getting their assessments of need. There is also the issue of legal bills when parents feel they have to resort to the legal system to ensure they get their assessments
Attorney General's advice changed? What legally has changed? The ICJ decision that all states must abstain from entering into economic and trade dealings and prevent trade or investment relations with Israel stands. That was the basis on which the previous … advice of the Attorney General was made. In the previous advice of the Attorney General, he made no distinction between goods and services because legally in international law there is no distinction between trade in goods and services. Instead, he made the point that it would
Would the Minister of State be happy if those regulations stated that an individual cannot be heard from unless the second person signs the form? No financial institution works like that. It is only the Financial Services and Pensions Ombudsman that works like that. The financial institutions will … legal avenues and find a way to resolve this issue. Protections can be put in place to allow for due process, engagement and information to be provided to any other signatory of the account but that should not block any consideration of a complaint the Financial Services
State is not capable of delivering because it leads to more dysfunction and public mistrust. There are deep concerns about the impact on the civil legal aid scheme and Tusla, both of which are already stretched. If the Government expands legal and procedural obligations without resourcing these services … support the asylum and migration management regulation, which determines responsibility and allows applications to be processed in the correct member state, supporting a fairer sharing of responsibility. That makes sense. We support participation in Eurodac to improve consistent access to appropriate biometric data to support vetting and checks
In parliamentary questions
No matches in questions.
Want to see how often it came up over time? Follow “State Legal Services” month by month.