Results 3,881-3,900 of 20,459 for speaker:Frances Fitzgerald

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 32: In page 24, line 36, to delete “relevant record” and substitute “counselling record”. It is more straightforward than it looks. These are amendments to section 38 of the Bill which introduces a new section 19A into the Criminal Evidence Act 1992, providing for the disclosure of third party records for the purpose of criminal...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: The purpose of the definition of a record in the new section 19A(1) is to describe what the record is in connection with the provision of counselling to a person in respect of whom a sexual offence is alleged to have been committed. The issue of the probative or evidential value of the record is a matter best determined by the court at the pre-trial hearing. The probative value of the...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 34: In page 25, line 4, to delete “shall be construed in accordance with section 3 of” and substitute “means an offence referred to in the Schedule to”.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 35: In page 25, line 7, to delete “relevant record” and substitute “counselling record”.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 36: In page 25, line 10, to delete “relevant record” and substitute “counselling record”.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 37: In page 25, lines 16 and 17, to delete “or to the competence of the complainant or a witness to testify”. Amendment No. 37 removes the reference to the competence of the complainant or witness to testify from the new section 19A(3)(b) of the Criminal Evidence Act 1992 as inserted by section 38 of this Bill. Competence to testify in law is a matter...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: Amendment No. 60 adds to the list of factors that the court must take into account in determining disclosure by including the likelihood that disclosure or requiring disclosure of a record will cause harm to the complainant, including the extent and the nature of that harm. I think that will be welcomed. The amendment that is being proposed by Deputies Jim O'Callaghan and Jonathan O'Brien...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: That is okay. Amendments Nos. 79 and 81 to 85, inclusive, are consequential renumbering of sections. I assume amendment No. 86 cannot be taken. Is that correct Chairman?

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I would like the committee to know that I am further considering an additional role for the prosecutor in the disclosure of relevant counselling records. It is provided for in circumstances where the prosecutor has in his or her possession or has knowledge of counselling records which he or she believes should be disclosed to avoid a real risk of an unfair trial. Legal advice has...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: Yes.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 40: In page 26, line 4, to delete “(5) An” and substitute “(4) An”.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 41: In page 26, lines 6 and 7, to delete “relevant record” and substitute “counselling record”.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 42: In page 26, line 7, to delete “the complainant” and substitute “the complainant, the prosecutor”.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 43: In page 26, line 8, to delete “relevant record” and substitute “counselling record”.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 44: In page 26, line 10, to delete “(6) The” and substitute “(5) The”.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 45: In page 26, line 11, to delete “relevant record” and substitute “counselling record”.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 46: In page 26, line 13, to delete “(7) The” and substitute “(6) The”.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 47: In page 26, line 14, to delete “relevant record” and substitute “counselling record”.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 48: In page 26, line 15, to delete “relevant record” and substitute “counselling record”.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 49: In page 26, line 16, to delete “relevant record” and substitute “counselling record”.