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Criminal Law (Defence and the Dwelling) Bill 2010: Report and Final Stages (24 Nov 2011)

Jonathan O'Brien: Where an action may be considered disproportionate, is the Minister saying that the amendment cannot be accepted because there may be circumstances in which only two out of the three criteria we seek to insert are met?

Criminal Law (Defence and the Dwelling) Bill 2010: Report and Final Stages (24 Nov 2011)

Jonathan O'Brien: I move amendment No. 2: In page 5, to delete lines 10 and 11 and substitute the following: "(7) Notwithstanding the provisions set out in Section 2, the use of force shall exclude the use of force causing death except in circumstances where it is absolutely necessary. (8) Notwithstanding the provisions set out in Section 2, the defence of private property shall not be a legitimate reason for...

Criminal Law (Defence and the Dwelling) Bill 2010: Report and Final Stages (24 Nov 2011)

Jonathan O'Brien: This goes back to one reason for tabling the first amendment, which was to include the tests of imminence, necessity and proportionality the Minister has decided not to include. However, were the Bill to pass as it stands, my reading of it is that in effect, Members will have placed the same level of importance on the life of a person as on private property. If this is the case, it...

Criminal Law (Defence and the Dwelling) Bill 2010: Report and Final Stages (24 Nov 2011)

Jonathan O'Brien: The Minister referred to section 2(1)(b). We are not disputing that there may be cases where lethal force has to be used to protect oneself, one's family or individuals within the home. However, it is not correct to say the Bill would not exclude the use of lethal force just to protect private property - bricks and mortar. Section 2(1)(b)(ii) states: "to protect his or her property or the...

Written Answers — Tax Reliefs: Tax Reliefs (22 Nov 2011)

Jonathan O'Brien: Question 141: To ask the Minister for Finance if his attention has been drawn to the fact that his predecessor announced in budget 2010 that he would introduce a scheme to give standard tax relief for a list of approved works for home insulation separate from the home energy savings scheme; the date on which he will introduce this tax relief scheme; and if he will provide details of the way...

Written Answers — Garda Stations: Garda Stations (22 Nov 2011)

Jonathan O'Brien: Question 205: To ask the Minister for Public Expenditure and Reform the amount of money allocated to building a new Garda station at a location (details supplied) in County Cork; if this is included in the capital expenditure budget; the date on which this building will be completed; and if he will make a statement on the matter. [36184/11]

Written Answers — Proposed Legislation: Proposed Legislation (22 Nov 2011)

Jonathan O'Brien: Question 244: To ask the Minister for Social Protection the date on which she will introduce gender recognition legislation. [35668/11]

Written Answers — Proposed Legislation: Proposed Legislation (22 Nov 2011)

Jonathan O'Brien: Question 245: To ask the Minister for Social Protection her plans to ensure transgender persons can obtain a birth certificate that reflects their actual gender. [35678/11]

Written Answers — Departmental Reports: Departmental Reports (22 Nov 2011)

Jonathan O'Brien: Question 394: To ask the Minister for Justice and Equality his plans to implement the recommendations of the An Garda Síochána training and development review group report, without delay. [35569/11]

Written Answers — Garda Operations: Garda Operations (22 Nov 2011)

Jonathan O'Brien: Question 395: To ask the Minister for Justice and Equality his plans to request the Garda Síochána Ombudsman Commission to examine the practices, policies and procedures of the Garda when policing public order situations, including the manner in which training is translated into practice in the management of incidents of crowd protest or civil disobedience by groups or persons. [35570/11]

Written Answers — Proposed Legislation: Proposed Legislation (22 Nov 2011)

Jonathan O'Brien: Question 396: To ask the Minister for Justice and Equality if he will amend the law to include appropriate safeguards in which inferences are drawn from silence. [35571/11]

Written Answers — Court Procedures: Court Procedures (22 Nov 2011)

Jonathan O'Brien: Question 397: To ask the Minister for Justice and Equality his plans to repeal sections 21 to 24 of the Criminal Justice (Amendment) Act 2009, concerning secret detention hearings.; and if he will make a statement on the matter. [35572/11]

Written Answers — Garda Complaints Procedures: Garda Complaints Procedures (22 Nov 2011)

Jonathan O'Brien: Question 398: To ask the Minister for Justice and Equality his plans to eradicate delays in the handling of complaints by the Garda Síochána Ombudsman Commission and, if necessary, allocate additional resources. [35573/11]

Written Answers — Garda Complaints Procedures: Garda Complaints Procedures (22 Nov 2011)

Jonathan O'Brien: Question 434: To ask the Minister for Justice and Equality his plans to address the staffing issues within the Garda Síochána Ombudsman Commission; his further plans to lift the recruitment embargo that applies to the GSOC; and if he will make a statement on the matter. [35674/11]

Written Answers — Deaths in Prison Custody: Deaths in Prison Custody (22 Nov 2011)

Jonathan O'Brien: Question 399: To ask the Minister for Justice and Equality his plans to put in place an independent system for the investigation of deaths in prison. [35574/11]

Written Answers — Proposed Legislation: Proposed Legislation (22 Nov 2011)

Jonathan O'Brien: Question 400: To ask the Minister for Justice and Equality his plans to introduce human rights-compliant amendments to inquest procedures in the form of a new Coroners Bill. [35575/11]

Written Answers — Human Trafficking: Human Trafficking (22 Nov 2011)

Jonathan O'Brien: Question 401: To ask the Minister for Justice and Equality if he will give consideration to extending beyond 60 days the period during which a victim of trafficking may recover and reflect on the desirability of co-operating with the appropriate authorities. [35576/11]

Written Answers — Rehabilitation of Torture Survivors: Rehabilitation of Torture Survivors (22 Nov 2011)

Jonathan O'Brien: Question 402: To ask the Minister for Justice and Equality if he will establish a comprehensive framework for the rehabilitation of torture survivors. [35577/11]

Written Answers — Domestic Violence: Domestic Violence (22 Nov 2011)

Jonathan O'Brien: Question 403: To ask the Minister for Justice and Equality if he will amend the Domestic Violence Act 1996 to include clear criteria to grant safety and barring orders and extend eligibility to all parties who are or have been in an intimate relationship regardless of cohabitation, in line with internationally recognised best practice. [35578/11]

Written Answers — Domestic Violence: Domestic Violence (22 Nov 2011)

Jonathan O'Brien: Question 404: To ask the Minister for Justice and Equality if he will allow migrant women with dependant immigration status who are experiencing domestic violence to be afforded independent status under legislation and be facilitated to access the labour market and-or the social welfare system. [35579/11]

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