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Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: While I was listening to the contributions I looked at section 8 again. In fairness to me, I thought it was quite well drafted. I accept the Tánaiste's point about the nomination from the Probation Service. As a result, I will withdraw amendment No. 18. It is inappropriate, as I have suggested, to try to get around that by getting the Irish Prison Service to nominate the person....

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: If we delegate everything away from politicians will never be able to hold any politician to account. It is useful to have a mix so we do not say it has nothing to do with us because the Public Appointments Service came up with the person. Deputies Wallace and Daly know I have the greatest respect for them, but we should stick with what I have with several of the amendments. As I have...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: No. I have nothing more to say.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 11:In page 8, line 35, to delete "to have".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 12:In page 8, line 36, after "offenders;" to insert the following"or(iii) to be representative of the community in general.".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: It is going well.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 14:In page 8, line 37, to delete "4 members" where it firstly occurs and substitute "6 members".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 15:In page 8, line 37, to delete "4 members" where it secondly occurs and substitute "6 members".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 20:In page 9, line 20, to delete "and".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 22:In page 10, line 9, to delete "for" and substitute "from".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 23:In page 10, lines 10 and 11, to delete "is adjudged bankrupt or makes a composition or arrangement with creditors or". This is in response to a proposal made, either by the Chairman or Deputy Jonathan O'Brien, at the pre-legislative scrutiny stage where a criticism was legitimately made of why somebody who is adjudicated a bankrupt should be disqualified from serving...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: It is right that the chairperson must comply with the principles of impartiality. My only concern is that by inserting the provision and limiting it to "when appointing panel convenors to a review or hearing", it might suggest the chairperson would not have to comply with the principles of impartiality in dealing with other issues. It is implicit throughout the Bill that anyone in the role...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 25:In page 11, line 17, to delete “sitting;” and substitute “sitting,”.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I agree with amendment No. 28 tabled by Deputy Mick Wallace. The decision should be signed and dated as it is a formal decision. Regarding amendment No. 29 also tabled by Deputy Mick Wallace, I note the point made by Deputy Jonathan O'Brien, but it would be worthwhile having something in the Bill to put the onus on the parole board to provide a decision within a reasonable timeframe or as...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: Let it go to Report Stage.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 30:In page 12, line 29, to delete “or”. Section 14 deals with the powers of parole panels. These amendments seek to provide for reports to be obtained from a psychiatrist or other medical practitioner. In the original draft, I had linked psychologist and psychiatrist together but it is safer to link psychiatrist with other medical practitioner. That is...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I am happy with the answers provided by the Tánaiste.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 31:In page 12, line 30, to delete “or psychiatrist,” and substitute the following: “, or (viii) a psychiatrist or other medical practitioner.”.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: Amendment No. 62 suggests that one of the factors that should be taken into account by the parole board when assessing an application is the plea that was made at the time of the trial, whether the convicted person had pleaded guilty or not guilty. The reason I tabled the amendment is that if one is charged with murder, there is no incentive to pleading guilty, because whether one pleads...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 33:In page 13, line 2, to delete "parole." and substitute the following:"parole, (c) a parole panel shall have the power to procure from the Courts Service a transcript of the sentencing comments of a Judge in respect of a person seeking parole.”.

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