Results 2,001-2,020 of 29,533 for speaker:Brendan Howlin

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: I will address the matter under amendment No. 41.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: Very good.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: Only one at a time.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: I move amendment No. 41: In page 24, between lines 25 and 26, to insert the following: "12.—Save with the leave of the court which may be given only if the exceptional circumstances of the case so require, a statement by a person during a formal interview in Garda custody shall not be admitted in any prosecution against that person unless the interview is videorecorded and such...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: There is no safeguard in any legislation against which one could not make the type of case the Minister just made. There will always be the possibility that an injustice could arise. If such safeguards are not included, however, even more injustices could arise. One cannot argue against the inclusion of safeguards because, in this case, the videotape could malfunction mar dhea.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: It is a matter for us to lay down the law in this regard. If we are all of the view that interviews should be recorded, then there should be an onus on somebody to ensure the video machine is working and, if necessary, that a back-up machine is available. It is a disciplinary matter for the Garda to ensure it carries out these procedures correctly. I agree with the Minister that we should not...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: I have done my best to convince the Minister on this point.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: It is to do with whether they open their mouths.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: Are 400 amendments not enough to keep us focused without raising amendments to the Constitution?

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: I would object but I would be afraid to do so.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: Leave them together.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: I agree that this is an important section and we had some debate about it. It is quite difficult to craft a legal framework to deal with the issues that arose in open courts where people suffered from amnesia, that is, they were unable to remember evidence they had previously given in sworn statements. How to deal with such is a challenge that we must do our best to face. While it remains to...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: That is also plain English. Perhaps the Minister should try——

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: It is used more often in plain English. The Minister has rejected my amendment No. 51. In section 16(1) where it states: "Where a person has been sent forward for trial for an arrestable offence, a statement", I want to insert "contained in the book of evidence served on that person" after "statement" and before "relevant to the proceedings made by a witness". The Minister has accepted my...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: Was it a bridge too far to say that?

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: I am sure that there is a reason. Perhaps a comma or semicolon.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: For the avoidance of doubt. However, the Minister could refer to certain amendments at the end of Report Stage. Indeed, I hope he will do so if there is a guillotine and we have not discussed all the amendments. If the House cannot discuss them all, the Minister might indicate tomorrow what later amendments he is minded to accept, which was a point made by Deputy Ó Snodaigh in respect of...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: Is that legal counsel or army council?

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: A book of defence.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Brendan Howlin: We discussed that proposal in the context of the requirement to plead in the District Court, to prevent a person hearing the case before deciding whether or not he or she was guilty.