Results 3,961-3,980 of 21,096 for speaker:Charles Flanagan

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: There will be a need for a criminal offence provision in order to facilitate a power of arrest when needed. There may be circumstances when this would be required very quickly and there would not be time for a court hearing; a process that might be lengthy. This amendment is similar to a breach of a condition in respect of other forms of release. A condition of temporary release, for...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: There will be an opportunity for the parolee in question to make a submission. Not every breach would result in an arrest but there will be a requirement and the Garda would need such a power, in certain circumstances. There will not always be a prosecution. The important point is the protection of victims. There would be an opportunity for the parolee to make a submission on the nature...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 38:In page 16, between lines 22 and 23, to insert the following:“Parole order 28. (1) A parole order shall—(a) be in writing, (b) specify the person to whom it relates, (c) direct that the person shall be released on parole on or before such date as may be specified in the order, which date shall be not more than 18 months from the date of the making of...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 39:In page 16, between lines 22 and 23, to insert the following:“Compliance by relevant governor with parole order 29. Where a parolee is detained in a prison, the relevant governor shall comply with the parole order, and shall make and keep a record in writing of the order.”.

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 40:In page 16, between lines 22 and 23, to insert the following:“Refusal of application for parole 30. (1) A decision of the Board to refuse an application for parole shall—(a) be in writing, (b) specify a date, not later than 2 years after the date of the making of the decision, on which the person to whom the decision relates shall become eligible again...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 41:In page 16, between lines 22 and 23, to insert the following:“Variation of parole order 31. (1) The Board may at any time, of its own motion or on application in that behalf by a person specified in subsection (2), vary—(a) a condition attaching to a parole order, whether by the alteration, addition or revocation of a condition, or (b) where the parolee...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 42:In page 16, between lines 22 and 23, to insert the following:“Specification of condition attaching to parole order 32. (1) Where the Board specifies a condition to which all parolees, or a specified class of parolees, shall be subject pursuant to procedures determined in accordance withsection 14(1)(i) the Board shall, as soon as practicable after so specifying...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 43:In page 16, between lines 22 and 23, to insert the following:“Revocation of parole order 33. (1) The Board may at any time, of its own motion or on application in that behalf by a person specified in subsection (2), revoke a parole order where it is satisfied that—(a) the parolee who is the subject of the order—(i) poses an undue risk to the...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 35:In page 16, between lines 22 and 23, to insert the following:"Notification by Irish Prison Service of eligibility for parole 25.(1) The Irish Prison Service shall notify the Board in writing at intervals of not more than one year of the persons serving sentences of imprisonment who—(a) are eligible for parole, whether for the first time or not, or (b) to the...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 36:In page 16, between lines 22 and 23, to insert the following:"Application for parole 26.(1) Where a person is eligible for parole, or is scheduled to become so eligible, whether for the first time or not, the Board shall notify the person in writing—(a) of the date on which he or she became or shall become, as the case may be, so eligible, and (b) that he or...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 37:In page 16, between lines 22 and 23, to insert the following:"Decision on parole 27.(1) Subject to subsection (3), the Board may make an order that the parole applicant be released on parole (in this Act referred to as a "parole order"), where it is satisfied that—(a) the parole applicant—(i) would not, upon being released, present an undue risk to the...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: Amendment No. 37 is the decision on parole. It sets out the criteria the board must consider when making a decision. As Deputy O'Callaghan has said, the amendment retains the principles in the Bill in its current form which are themselves similar to the criteria used to make decisions with regard to temporary release. There are essentially three criteria to be met in respect of parole....

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 26:In page 7, between lines 25 and 26, to insert the following:“Chief executive of Board 18. (1) There shall be a chief executive officer of the Board (in this Act referred to as the “chief executive”) who, subject to subsections (2) and (3), shall be appointed by the Board with the consent of the Minister and the Minister for Public Expenditure and...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 27:In page 7, between lines 25 and 26, to insert the following:“Superannuation 19. (1) The Board may, with the approval of the Minister for Public Expenditure and Reform, make a scheme or schemes for the granting of superannuation benefits to or in respect of any person appointed chief executive who does not become a member of the Single Public Service Pension...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 28:28. In page 7, between lines 25 and 26, to insert the following:“Accounts and audit 20. (1) The chief executive, under the direction of the Board, shall keep in such form and in respect of such accounting periods as may be approved of by the Minister, with the consent of the Minister for Public Expenditure and Reform, all proper and usual accounts of moneys...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 29:In page 7, between lines 25 and 26, to insert the following:“Accountability of chief executive to Public Accounts Committee 21. (1) The chief executive shall, whenever required in writing by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 30:In page 7, between lines 25 and 26, to insert the following:“Accountability of chief executive to other Oireachtas Committees 22. (1) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas, other than—(a) the Committee referred to in section 21, (b) the...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 32:In page 16, line 13, after “report” to insert “(in this section referred to as the “annual report”)”.

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 33:In page 16, to delete lines 16 to 20 and substitute the following:“(2) Notwithstanding subsection (1), if but for this subsection, the first report under this section would relate to a period of less than 6 months, the report shall relate to that period and to the year immediately following that period and shall be made as soon as may be, but not later than 6...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 34:In page 16, between lines 22 and 23, to insert the following:“Eligibility for Parole24. (1) Subject to this section and section 5(2), the following persons shall be eligible for parole:(a) a person serving a sentence of imprisonment for life who has served at least 12 years of that sentence; (b) a person serving a sentence of imprisonment of a term equivalent...