Ross, Shane Peter Nathaniel

Wednesday, 21 September 1988

Seanad Eireann Debate
Vol. 121 No. 1

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Order of Business.

Hear, hear.More Button

There seems to be a certain amount of competition amongst Members on the Independent benches to take credit for the accusation levelled at us by Senator McGowan. I felt that it was I who said it. Se...More Button

I am not making a speech. Taking into account the fact that we are all far better prepared now for the session until Christmas by knowing that we will have a tea break, I am asking the following quest...More Button

I am asking a question on the Order of Business. It may have been too long but it is all relevant. It is lengthy but relevant. I am asking the Leader of the House to give us a pledge that, if it is...More Button

The Cathaoirleach is entitled to that opinion and I am enlightened by it. I am enlightened by it but I am on record as saying that in terms of the Order of Business it was a chaotic session and I sta...More Button

When?More Button

Companies (No. 2) Bill, 1987: Committee Stage (Resumed).

Very briefly and very generally, I should like to echo the words of the last two speakers. The Bill so far has attracted a great deal of interest on the grounds that it has dealt with negative items ...More Button

Does the Minister wish to reply before I contribute?More Button

Like Senator Hogan I find it very difficult to forget where Senator O'Toole stands on the political spectrum especially when he is making speeches about trades unions. I also find myself in a peculia...More Button

Request under Standing Order 29.

I do not want to be contentious at all but, on a point of order, could you tell us, because I agree with Senator Norris's motion wholeheartedly, whether it is on the grounds of urgency that you ruled ...More Button

Could you discuss it outside the House?More Button

Companies (No. 2) Bill, 1987: Committee Stage (Resumed).

I also welcome the inclusion of the new sections but I would just like to ask one or two questions. I am not sure from reading the section — perhaps the Minister of State can let me know — how long ...More Button

May I interrupt the Minister for a moment? That was one of the questions I asked and I think I may not have asked a second one which was, is there any prescribed time between the date of the petition...More Button

I understand exactly what the Minister is saying and I think this is a difficult area. I am envisaging a situation whereby the court is petitioned and possibly the company involved does not want an e...More Button

But the appointment of the examiner does not.More Button

Does the Minister not think it possible to give the company too much protection and that in that case the company is protected from its creditors?More Button

The company is under no pressure from the other side to trade in any particular commercial way. Because there is a gap between the appointment of the examiner an the protection of the court, the comp...More Button

I could not anticipate how long a case of this sort might last. This is really a new area. However, it is better to err on the side of caution. One cannot anticipate the workings of the courts. It...More Button

I must admit I have not read the 1963 Act so I can hardly comment on that yet. I should like to return to the point about all interested parties being informed when a petition is brought to the court...More Button

I accept, as the Minister said, that there are real difficulties in inserting an advertisement when a petition is presented. I agree that the advertisement should be inserted after the examiner has b...More Button

I think there has been intense lobbying especially from the accountancy profession on this particular issue and, indeed, from many companies and pressure groups as well. It is a very difficult one. ...More Button

In reply to that, every member of the accountancy profession — who are envisaged to be examiners in these cases on the whole — has told me that a three months limit is totally inadequate and that in c...More Button

The court does not have to grant a further extension.More Button

The point I am trying to make really is that it is not a question of you giving it to them, or of our giving it to them. It is leaving it to the discretion of the court in each case. The point I am...More Button

I think the Minister has been reasonable on so many other things that I am prepared for him to be misguided on this. I am not going to oppose it. Amendment agreed to. Government amendment No. 210:More Button

I am not opposing the section. Guidelines are being given to the court and maybe that could be referred back to the point we made earlier about the court hurrying up on the appointment of the examine...More Button

I welcome this amendment. It is indicative of the constructive response we have had while this Bill has been going through the House. Many of these amendments have delayed the Bill a great deal but t...More Button

Do I move the adjournment?More Button

I report progress?More Button

I report limited progress.More Button

I do not know whether this is the appropriate section on which to raise this matter but perhaps the Chair will guide me on it. How does the Minister envisage a situation whereby the examiner, who is ...More Button

I take the Minister's point. It is an extension of the point he made about trade creditors being reluctant to give the examiner in this situation any more credit. That is a very natural and normal co...More Button

Does the Minister mean that it the examiner incurs any more debts on behalf of the company then — and I cannot find this here — they will get some sort of preferential status?More Button

Could the Minister point to where that is in the Bill?More Button

I think it is covered.More Button

I am not the pushy type and I should be allowed make my point now. The amendment is a good one but I should like to put a number of questions to the Minister in regard to it. Senator Hogan was right...More Button

I have to believe the Minister about that. I have no option and I do not for one moment question that. Even if that is the case, which undoubtedly it is, that sentence certainly needs tightening up b...More Button

If the Minister does not look at it very hard I will come back to him on it on Report Stage. I am concerned that there is not a complete re-opening of the petition, a situation which was there before...More Button

I would like to support what the Minister has said and disagree with my colleague. The reason is quite simple. This examiner's report is issued with one simple motive, that is, to save and rescue th...More Button


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