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Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Pa Daly: Amendment No. 12 speaks for itself. Similarly, amendment No. 21, which relates to migration status, also speaks for itself, as do the others.

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Pa Daly: Amendment No. 95 speaks for itself and not later than five years after the Act that the Minister will commence a review of the operation of the Act. Given the conversations that have taken place so far it might not be necessary. Not later than 12 months after the commencement of the review to make a report to each House of the Oireachtas on the findings.

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Pa Daly: I will withdraw that later amendment.

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Pa Daly: Amendment No. 38 speaks for itself in that "presumed membership" is a situation where somebody might be confused on the motivation, for example, on a particular nationality but they might get it wrong. That should be included.

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Pa Daly: I move amendment No. 29: In page 8, to delete lines 12 and 13 and substitute the following: “that is likely to incite violence or hatred against a person or a group of persons on account of their membership or presumed membership of a group defined by reference to protected characteristics, or any one of those characteristics and,”. I will withdraw the amendment on the...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Pa Daly: I move amendment No. 38: In page 8, to delete lines 36 and 37 and substitute the following: “persons on account of their membership or presumed membership of a group defined by reference to protected characteristics, or any one of those characteristics,”.

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Pa Daly: I move amendment No. 39: In page 9, to delete lines 22 to 26 and substitute the following: “where such communication of material or behaviour is directed against a person or group of persons on account of their membership or presumed membership of a group defined by reference to protected characteristics, or any one of those characteristics and is done with intent to incite...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Pa Daly: I move amendment No. 42: In page 10, to delete lines 22 and 23 and substitute the following: “of persons on account of their membership or presumed membership of a group defined by reference to protected characteristics (within the meaning of section 7 or 8, as the case may be), or any one of those characteristics,”.

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Pa Daly: I move amendment No. 43: In page 11, to delete lines 1 to 9 and substitute the following: “(a) prepares or possesses material which is threatening, abusive or insulting that is likely to incite violence or hatred against a person or a group of persons on account of their protected characteristics or any of those characteristics with a clear and serious intention of communicating...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Pa Daly: We discussed this matter with certain groups and individuals and it is believed that it constitutes an undue interference with the right to private life and does not meet the criminal standard of proof with regard to the intention side of things.

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Pa Daly: Can I also speak to that amendment?

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Pa Daly: If you consider amendment No. 55 in the context of section 18 and the proposed insertion of section 6A after section 6 of the Criminal Justice (Public Order) Act 1994, you could have a situation, and I have dealt with many over the years, where the row is not necessarily started by the person who gets charged but he, or perhaps the other person, is charged. Somebody could start a row but...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Pa Daly: I will follow on from the Minister's reply. He mentioned that this provision would be subject to the DPP's processes but most public order offences are dealt with by a local superintendent who makes the decision. Is every case going to go to the DPP then if there is a hate crime? No. It will be the superintendent who will decide rather than the DPP.

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Pa Daly: My concern is that it digs right down into some of the most minor of offences such as public order offences. While it might very well be a public order offence, it would specifically label a person as a hate crime offender, for example, in a row that a person did not start. That might be a bit much.

Co-ordination of International Protection Services: Statements (16 Feb 2023)

Pa Daly: It is nearly two years since the Government published its White Paper on ending direct provision. This followed on from the Catherine Day report into the system and recommendations from the Joint Committee on Justice. Both offered some hope of an end to the inhumane system of direct provision, which is totally inefficient and expensive and where one provider earned €400 million....

Ceisteanna - Questions: Cancer Services (16 Feb 2023)

Pa Daly: 89. To ask the Minister for Health when oncology services in University Hospital Kerry will have a permanent location. [6697/23]

Ceisteanna - Questions: Cancer Services (16 Feb 2023)

Pa Daly: When a patient has been diagnosed with cancer and their life is in turmoil, the first thing they need is a bit of stability. Oncology patients who have to attend University Hospital Kerry have been at various stages in the palliative care unit, then there was a proposal to send them to a private hospital and they are currently in the day ward. What plans does the Minister have to give...

Ceisteanna - Questions: Cancer Services (16 Feb 2023)

Pa Daly: I have also been in contact with the new general manager and I wish her well in her endeavours over the next few years. However, while I hear what the Minister is saying in regard to capital stages and the design team, the Minister still has not given a date as to when he expects the new permanent unit to be completed. He is right in referencing palliative care but, from 1 March, I...

Ceisteanna - Questions: Cancer Services (16 Feb 2023)

Pa Daly: Can the Minister even give a year as to when he expects this to be open? He mentioned the problem with day surgery. The problem in the last three or four years has been that whenever there is a surge, whether due to Covid or otherwise, elective day surgeries are the first to be cancelled. On any given day, University Hospital Kerry cannot guarantee that an elective surgery will actually...

Ceisteanna - Questions: Ukraine War (15 Feb 2023)

Pa Daly: 11. To ask the Taoiseach when the Cabinet Committee on Humanitarian Response to Ukraine will next meet. [5817/23]

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