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Order of Business. (28 Jun 2006)

Jim O'Keeffe: If the Taoiseach agrees it can be done.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: I get a little worried when I find that the Minister, Deputy McDowell, and Deputy Ó Snodaigh of Sinn Féin are virtually at one on an issue.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: I see. A slight shiver goes down my spine when I see it happening. We are looking at a "big brother" area, to some degree. Everything may or may not be recorded. Deputy Ó Snodaigh's amendment states that "all Garda stations shall be internally and externally monitored and recorded by CCTV". That is going an awful long way. The first thing that occurs to me is that it could be quite expensive...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: That is the point. It is obvious that we should be talking about Garda stations which are used for interview purposes. Some serious issues relating to the extent of the monitoring which would take place need to be considered. It is right that witness statements should be recorded. The Minister has raised some legitimate points about the use and abuse of this system by the godfathers of crime....

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: This amendment raises an interesting debate and I commend Deputy Howlin on tabling it. When updating the criminal justice system, we must take into account the enormous changes made not just recently with technology but in the social structure and legal supports in the past hundred years. We have moved from a situation where an individual who was accused was left with no proper defence and in...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: I doubt if it would stand up constitutionally.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: And his party colleagues.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: One must not forget the Labour Party is the oldest political party in the State.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: Until it spills over.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: That is because it is required to do so by law.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: I move amendment No. 92: In page 39, line 4, after "person" to insert the following: ", where the permission of that person has been obtained". This amendment seeks to improve subsection (6) of section 30. There may be some confusion in that the reference to "land occupied by another person" does not make it explicit that the certificate holder must obtain the permission of that person....

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: On amendment No. 93, it seems the Minister may be confusing the practicalities with the formal position in law.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: The formal position in law, as outlined by Deputy Howlin, confirms that there is a dysfunctionality or disconnection between the application and granting processes. The west Cork approach to something like this would be to suggest we split the difference and allow two months for both renewal application and Garda decision.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: Given that Deputy Howlin is happy, I will not press amendment No. 92.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: I share in Deputy Howlin's happiness. On the basis of our accord, I am prepared to accept the Minister's assurances in regard to amendment No. 92 that the situation is fully covered in subsection (11). The phraseology of subsection (11)(a) is a little odd, in that it states that "a limited certificate related to land occupied by a person other than the applicant for the certificate shall not...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: The points made by Deputy Howlin are perfectly valid. Part of the difficulty in discussing guidelines and the shooting fraternity is that we are dealing with a totally different category of people to the shooting fraternity that we are trying to lock up because of their involvement in crimes with firearms. That is one of the difficulties and I argued strongly during earlier debates on this...

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: Is the Minister saying that a law-abiding citizen could be penalised because he or she lives near a criminal?

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: That is exactly the type of guideline that the ordinary citizen should be made aware of.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: The Minister is changing his tune a little.

Criminal Justice Bill 2004: Report Stage (Resumed). (28 Jun 2006)

Jim O'Keeffe: My sense of justice has been outraged, in particular by the example the Minister quoted in support of his contention that there should be no consultation or publication of guidelines. It is extraordinary that a citizen of this State should be denied a firearm on the basis of secret guidance of which he is unaware and about which the organisation of which he is a member is not consulted.

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