Results 8,141-8,160 of 9,387 for speaker:Jim O'Callaghan

Criminal Justice (Corruption Offences) Bill 2017: Second Stage (15 Nov 2017)

Jim O'Callaghan: I will clarify at the outset that I have not joined the Rural Independent Group. I am just sharing time.

Criminal Justice (Corruption Offences) Bill 2017: Second Stage (15 Nov 2017)

Jim O'Callaghan: I am just sharing time with Deputy Collins. I would probably be disqualified from the Rural Independent Group since I come from an urban constituency.

Criminal Justice (Corruption Offences) Bill 2017: Second Stage (15 Nov 2017)

Jim O'Callaghan: A bit of discrimination is being operated by it.

Criminal Justice (Corruption Offences) Bill 2017: Second Stage (15 Nov 2017)

Jim O'Callaghan: I know. I welcome this legislation and, as Deputy Jack Chambers mentioned earlier, Fianna Fáil will support it. However, it would be remiss of me not to mention the delay on the part of the Government in bringing the legislation before the House. I looked at when the heads of the Bill were first published, and it was five and a half years ago, in June 2012. It is disappointing that...

Criminal Justice (Corruption Offences) Bill 2017: Second Stage (15 Nov 2017)

Jim O'Callaghan: That does not happen here and in a way I think it is good that it does not happen here. The job of a prosecutor is to accumulate the evidence, put it before a jury and let the jury determine it. We should try to make the job of the prosecutor easier by facilitating prosecutors with greater presumptions in our law. I have asked the Minister to take on board those suggestions. I will also...

Criminal Justice (Corruption Offences) Bill 2017: Second Stage (15 Nov 2017)

Jim O'Callaghan: Mugabe is gone now.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (Resumed) (15 Nov 2017)

Jim O'Callaghan: I will.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (Resumed) (15 Nov 2017)

Jim O'Callaghan: I thank the witnesses for coming in for their presentation. I want to begin by asking Ms Farries about the ICCL's fourth recommendation, it is titled "limited third party access". She said that she would like the Tele2 decision upheld, in particular that the person whose information is demanded must be in some way implicated in the crime before access to their data can be granted. Head 8...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (Resumed) (15 Nov 2017)

Jim O'Callaghan: To be devil's advocate, if one is a member of An Garda Síochána and one is investigating a crime, it is not always the case that one will only interact with suspects. There may be information available from some other entity which would be relevant to the crime. For instance, gardaí may seek access from a company involved in online gambling which might have data that is...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (Resumed) (15 Nov 2017)

Jim O'Callaghan: So one would only permit it in circumstances where the person who's data is accessed is a suspect.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (Resumed) (15 Nov 2017)

Jim O'Callaghan: On the judicial remedy, courts are limited in a remedy they can provide. Does Ms Farries think that the remedy for unlawful access should be damages or does she suggest some other sort of remedy to a successful litigant?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (Resumed) (15 Nov 2017)

Jim O'Callaghan: I note the point Ms Farries makes about the independent agency. It seems to be an argument made consistently by the people who come before the committee on this issue, that they are slightly concerned about a body of district court judges being given expertise in this area. Some have suggested that a separate independent body should be set up. I have an open mind but the courts are there...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (Resumed) (15 Nov 2017)

Jim O'Callaghan: I will keep an open mind on the matter. My view would be that the courts are responsible for protecting and supervising our rights. As a Member of the Oireachtas, I am concerned at the idea of setting up another statutory quango that could just become much larger than is required. I have a couple of questions for Mr. Dooley before I hand over to my colleagues. I thank him for coming...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (Resumed) (15 Nov 2017)

Jim O'Callaghan: Mr. Justice Murray states that access to a journalist's retained communications data for any purpose, including for the purpose of identifying his or her source, should in principle be permitted only when the journalist is the object of investigation for suspected commission of a serious criminal offence. That is a situation where the journalist is the suspect, which relates to the point I...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (Resumed) (15 Nov 2017)

Jim O'Callaghan: The case may have involved a Mr. Wallace.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (Resumed) (15 Nov 2017)

Jim O'Callaghan: And the Deputy.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (Resumed) (15 Nov 2017)

Jim O'Callaghan: I want to make one short comment and ask one short question. We have been speaking a lot about protecting journalists and suggesting they are a separate group. We need to be more precise in our language. I am as guilty in this regard as anyone. The protection that exists in law is a protection of the confidentiality of journalists' sources. That confidentiality and protection is not...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (Resumed) (15 Nov 2017)

Jim O'Callaghan: I have been as guilty of it as anyone.

Criminal Law (Sexual Offences) Amendment Bill 2017: First Stage (14 Nov 2017)

Jim O'Callaghan: I move:That leave be granted to introduce a Bill entitled an Act to amend the Criminal Law (Sexual Offences) Act 2006 to provide for increased penalties for persons guilty of sexual exploitation of children. This legislation seeks to amend the Criminal Law (Sexual Offences) Act 2006 and in particular to provide for increased penalties for persons who are guilty of sexual exploitation of...

Criminal Law (Sexual Offences) Amendment Bill 2017: First Stage (14 Nov 2017)

Jim O'Callaghan: I move: "That the Bill be taken in Private Members' time."