Results 7,061-7,080 of 7,652 for speaker:Joanna Tuffy

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: I move amendment No. 87: In page 13, subsection (6)(h), line 46, after "oath" to insert "or affirmation". This amendment seeks to include the word "affirmation" as well as "oath". The Minister may respond to the effect that this is covered by the Interpretation Act. However, we argue that it is not.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: I tabled amendment No. 135 which is not necessarily an alternate to amendment No. 134. A similar notice provision could be retained. The Minister criticised amendment No. 2 because the term "mental condition" was used which he considered too wide. Amendment No. 135 proposes to replace the word "mental condition" and replace it with "mental disorder."

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: I move amendment No. 25: In subsection (4)(c), in page 5, to delete lines 48 to 50 and in page 6, to delete lines 1 to 3 and substitute the following: "is fit to be tried, the person shall be sent back to the District Court to enable the Court to exercise its functions under the Criminal Procedure Act 1967.". We tabled this amendment because we believe that under the Bill as it stands, the...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: I move amendment No. 26: In page 6, subsection (5)(a), line 12, after "the" to insert "District". We believe the word "District" was erroneously omitted. The section only makes sense if it refers to the District Court. We propose inserting the word "District" for clarity.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: I move amendment No. 33: In page 7, between lines 11 and 12, to insert the following subsection: "(9) Where a court hears evidence under subsection (8) and decides not to discharge an accused person, no report of such evidence or of such decision may be published until such time (if any) as the trial of the person concludes or until it is determined that the trial will not proceed.". Under...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: I move amendment No. 37: In page 7, between lines 29 and 30, to insert the following subsection: "(2) A special verdict under this section shall be a conviction but the powers of the court as to sentence shall only be exercisable if both of the following conditions are satisfied, namely—— (a) the convicted person does not require detention for treatment under this Act or such detention...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: I move amendment No. 39: In page 7, between lines 37 and 38, to insert the following subsection: "(3) Where a person has been found guilty of an offence but, prior to passing sentence, the court becomes of opinion that the person is suffering from a mental disorder, the court, in imposing sentence, may direct that the sentence shall be served in a specified designated centre until such time...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: The amendment's intention was not that the person be sent to a psychiatric institution for punishment, but for care. The problem is that there would be a great many prisoners in need of such treatment. The Minister said that the Prison Service deals with that currently, but is it doing so satisfactorily?

Seanad: Order of Business. (8 Apr 2004)

Joanna Tuffy: The All-Party Committee on the Constitution, of which I am a member, yesterday launched a report on property rights. The Taoiseach, who requested the report, ironically was unable to launch it because he was appearing before the Mahon tribunal, which is examining certain land rezoning and corrupt payment issues. The report of the All-Party Committee on the Constitution contains measures which...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: I move amendment No. 9: In page 4, before section 2, to insert the following new section: "2.—Every Order or regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the Order or regulation is passed by either such House within the next twenty-one days on which that House has sat after the Order or...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: Why are provisions such as these put into some Bills and not others?

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (7 Apr 2004)

Joanna Tuffy: I move amendments Nos. 3 and 137 and wish to speak on the related amendments.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (7 Apr 2004)

Joanna Tuffy: Amendment No. 3 seeks to delete the word "disease" and substitute it with the words "other disease or medical condition". We tabled this amendment because we believe the wording in terms of "disease" is too limited. We are seeking to include other conditions such as personality disorders which are not diseases. I would like the Minister to clarify that point. Much of the commentary on the...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (7 Apr 2004)

Joanna Tuffy: Can the Minister say how the definition as it stands allows for personality disorder?

Seanad: Order of Business. (6 Apr 2004)

Joanna Tuffy: I ask the Leader to request the Minister for the Environment, Heritage and Local Government, Deputy Cullen, to attend the House to discuss waste management. Yesterday, the Minister launched a report on Ireland's waste management over the next five years and said we need more incinerators. We need to pose a number of questions to the Minister in this regard. For example, if incinerators are to...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Joanna Tuffy: I move amendment No. 5: In page 18, between lines 29 and 30, to insert the following: "(4) Reference to this section is inserted in Part I of the Third Schedule to the Freedom of Information Act 1997.". This amendment would ensure that giving information under the section will not interfere with the disclosure of documents under the Freedom of Information Act. This was discussed in the Dáil...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Joanna Tuffy: I move amendment No. 6: In page 19, between lines 27 and 28, to insert the following: "(a) evidence that notice of the intention to make the application has been published in a newspaper circulating in the State in the prescribed form,". I raised this issue on Second Stage and the Minister said it would cause difficulties if every door man had to advertise in a newspaper but we think nothing...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Joanna Tuffy: I move amendment No. 7: In page 19, line 35, to delete "may" and substitute "shall". This is an amendment to section 21(3). If the Minister is allowing the authority to require the type of verification listed in the subsection, he might as well make it a mandatory requirement. It is important that all the facts and details contained in the application should be verified. On the requirement to...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Joanna Tuffy: I move amendment No. 8: In page 20, between lines 21 and 22, to insert the following: "(i) that the beneficial owners of the body corporate have not been identified by the applicant, or that such information has not been verified on oath or affirmation,". I raised this matter during the Second Stage debate. It can be difficult to ascertain the beneficial owners of companies from the details...

Seanad: Private Security Services Bill 2001: Report and Final Stages. (1 Apr 2004)

Joanna Tuffy: I second the amendment.