Results 4,161-4,180 of 5,902 for speaker:James Lawless
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: Amendments Nos. 35 to 38, inclusive, are related. Amendments Nos. 36 to 38, inclusive, are alternatives to No. 35. We will take amendments Nos. 35 to 38, inclusive, together.
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: In the interests of time, I ask the Deputy to speak on amendment No. 37, which is part of the block.
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: Amendment No. 38 is in my name and addresses a similar point. I will not speak on it.
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: Am I correct that two years would be the outlier in terms of other offences under that Schedule, and that going to two years is already the maximum that was there for any offence?
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: Is it reasonable to say that the Act has been amended many times up until recently? Is that correct? It may have been commenced in 1851, but I do not believe that is the last time it was updated.
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: Absolutely. I am not getting into that point but just asking a question. It is 150 years old and my understanding is that, and the Minister can confirm it, it is amended regularly as legislation is made.
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: That has been a helpful discussion. I am reminded there are four minutes left in the slot, so if we wish to get through the business today we will have to advance quickly or we will have to return to them on Thursday. How stands amendment No. 35?
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: I move amendment No. 38: In page 6, line 37, after “committed” to insert “or when the person against whom the offence was committed became aware of the offence”.
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: We can return to it on Report Stage when the Minister or Deputy Howlin might introduce an amendment.
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: Amendments Nos. 39 to 41, inclusive, have been discussed with amendment No. 31. Deputy Pringle has proposed each amendment.
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: Amendments Nos. 42 to 44, inclusive, will be discussed together.
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: Does Deputy Pringle wish to speak to amendment No. 44?
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: Section 10(3) of the Non-Fatal Offences Against the Person Act provides for circumstances where, under prosecution of the section on harassment where a jury returned a verdict of not guilty and a conviction was not made, it was still possible for a judge to issue a barring or distance order. That was not contained within the new provisions to replace the harassment offence. From my reading...
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: To clarify, no amendment seeks to delete the section but the Minister is minded to bring forward such an amendment on Report Stage.
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: I might advance my own view that it is a useful tool for a court at the moment and it deals with cases where a custodial sentence has not been passed down but where there is a need for some intervention. It is currently available to the Bench to do that and it is often done. It is a very practical measure. I would be a little concerned, therefore, if there was to be a lacuna in the law...
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: The provision, however, is included in section 10 as it stands.
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: I might table my own amendment on the issue on Report Stage. Section 15 will repeal section 10 of the Non-Fatal Offences Against the Person Act, and I am concerned that if it is not replaced by anything-----
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: The section will stand alone, with section 10(3) included in any event. Is that correct?
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: We can take it away and have that discussion. There will be a possibility on Report Stage of some further investigation if required.
- Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)
James Lawless: Not many amendments remain, so we will try to get through them, but if we require a detailed discussion we can return to it at the next meeting.