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Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Aengus Ó Snodaigh: I move amendment No. 64: In page 39, between lines 37 and 38, to insert the following: "(d) formal detail of how the housing authority plans to implement and resource its anti-social behaviour strategy; (e) rights and responsibilities of tenants and landlords; (f) protocols and procedures for responding to anti-social behaviour that are compliant with the European Convention on Human Rights;...

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Aengus Ó Snodaigh: I move amendment No. 65: In page 40, between lines 7 and 8, to insert the following: "(d) relevant residents, community and voluntary sector organisations,".

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Aengus Ó Snodaigh: My amendment No. 33 is similar to amendment No. 32 and I am inclined to withdraw it in favour of that proposed by Deputy Ciarán Lynch. His amendment includes a number of additional definitions which I think would enhance the Bill. It is important that we define "homeless person". While the Housing Act 1998 provided the earliest legal definition of homelessness, it was overly restrictive...

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Aengus Ó Snodaigh: It is a pity the Minister cannot find it in himself to consider the points included in this amendment. I still do not understand the reluctance to enhance the existing definition by accepting the definition of a homeless person. The definition as presented is adequate and this is an important issue. I welcome the practical actions being taken by the Department and local authorities in...

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Aengus Ó Snodaigh: This is an important amendment. I have been trying for some time to encourage the Minister to deal with the various allocation schemes and schemes of lettings. For example, Dublin City Council has submitted a draft to the Minister and it has gone back and forth for some time. There must be scope for discussion in order to ensure these schemes are fit for purpose. That is what the...

Housing (Miscellaneous Provisions) Bill 2009: Report and Final Stages (25 Jun 2009)

Aengus Ó Snodaigh: With regard to the allocation scheme, if it is a reserved function, why does it end up going to the Minister? Obviously, the Minister gets to insert his or her tuppence worth. We are seeking to ensure the other stakeholders in this have some say or can give advice before the local authority members and the city or county manager have the final say in the scheme.

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Aengus Ó Snodaigh: I move amendment No. 34: In page 13, to delete lines 28 to 37 and substitute the following: "(6) In the circumstances referred to in subsection (4), the referee shall (a) report the matter and any recommendation under subsection 5(b) to— (i) an Garda Síochána Ombudsman Commission, in the case of a contravention by an Garda Síochána, (ii) the Ombudsman for Defence Forces, in the case of...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Aengus Ó Snodaigh: I move amendment No. 39: In page 14, line 30, to delete "8" and substitute "9". This is to extend the appeal mechanism, namely, that the complaints referee shall be able to investigate and adjudicate on section 9 as well as on the other sections as provided for in the Bill. "Relevant contraventions" means a contravention of provisions of sections 4 to 8. It extends the meaning to deal with...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Aengus Ó Snodaigh: I move amendment No. 41: In page 14, between lines 43 and 44, to insert the following: "(4) Reports under subsection(3)(b) shall include the following: (i) the steps taken to keep the operation of the Act under review; (ii) the number of individual files reviewed; (iii) the volume of surveillance carried out; (iv) whether mistakes were made in the carrying out of surveillance (such as the...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Aengus Ó Snodaigh: May I move it on Deputy Rabbitte's behalf?

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Aengus Ó Snodaigh: We have done a good day's work. We welcome the Bill despite our concerns. We tried, through our amendments, to have a better Bill. I hope the new powers will be used to good effect to ensure criminals are targeted and brought to justice within the boundaries set out in the legislation and that the legislation will be of benefit to An Garda and society as a whole. We set down in law the...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Aengus Ó Snodaigh: I have tabled a number of amendments. The first in my name in this grouping is amendment No. 17, which seeks to insert three additional points which would be required for the record of approval, namely, the grounds on which the approval was granted, the less intrusive or other means considered and determined insufficient and the efforts made to secure an emergency judicial hearing. It does...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Aengus Ó Snodaigh: I move amendment No. 15: In page 8, between lines 3 and 4, to insert the following: "(3) The information on oath supporting the application shall include a copy of the written record of approval concerned, a summary of the results of the surveillance carried out and the reasons why varied or continued surveillance is required.". This amendment is similar to my other amendments. It provides...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Aengus Ó Snodaigh: I move amendment No. 28: In page 11, between lines 29 and 30, to insert the following: "(12) All regulations made pursuant to subsection (11) shall require the prior approval of the Dáil.". I have proposed similar amendments to a number of justice Bills. The amendment will give greater scrutiny to the House when making or changing regulations. In a number of places this Bill gives the...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Aengus Ó Snodaigh: The courts would be happy if regulations were subject to some type of oversight and debate in the House rather than simply placed in the Oireachtas Library. The intention is not to delay. The Minister is correct that some of these amendments are not contentious. The amendment seeks to give more powers to the House. There is nothing to prevent a series of these regulations being made,...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Aengus Ó Snodaigh: The Minister has indicated he will not accept it. I will withdraw it rather than delay proceedings.

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Aengus Ó Snodaigh: I move amendment No. 29: In page 11, line 36, after "prosecution" to insert the following: ", Garda Síochána Ombudsman investigation, civil case". We discussed this amendment on Committee Stage. The amendment is to ensure that any Garda Síochána Ombudsman Commission investigation or civil case is taken into account when making these decisions. I mentioned a case on Committee Stage,...

Order of Business (25 Jun 2009)

Aengus Ó Snodaigh: This an urgent matter which requires urgent address. If it is necessary for the House to sit longer hours or additional days, we should consider doing so. Given that additional and late sittings are scheduled for next week and proposed for the following week, it should be possible to commence a debate on the matter under discussion. If such a debate cannot be concluded in the next two...

Order of Business (25 Jun 2009)

Aengus Ó Snodaigh: It is a very serious matter.

Order of Business (25 Jun 2009)

Aengus Ó Snodaigh: The Chair does not have to worry about matters in his constituency.

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