Results 3,081-3,100 of 29,533 for speaker:Brendan Howlin

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: That is far too logical.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: I move amendment No. 22: In page 7, to delete lines 18 to 22 and substitute the following: "(e) any previous convictions of the applicant and information as to which (if any) of those previous convictions were in respect of offences committed while the applicant was on bail;". Section 6 inserts a new subsection 1A into the bail Act. This new subsection sets out: "A person who is charged with...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: All right.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: Child sexual abuse, for example.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: Or have it filled out at the local Sinn Féin advice centre.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: We do need time to consider it.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: I tabled a one word amendment to section 7 but my concerns go much deeper. Section 7 creates a new section 2A in the Bail Act 1997. I made a reasonably long submission in my Second Stage contribution about the real fears that were alerted to me by my legal advisers at the time that section 7 is unconstitutional. Unfortunately, the Minister did not respond in any way to that point at the...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: It can only be speculation.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: What does it corroborate?

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: The mere assertion of it is proof positive.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: The statement is evidence.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: That is the point I made on Second Stage.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: I welcome the Tánaiste's thoughtful response and his commitment to reconsider the position. I am putting forward two separate propositions. The first of these is the actual constitutional basis of the provision. This goes beyond the notion of being able to provide an opinion as to future events as opposed to an opinion as to past or current facts, which are a different matter. However,...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: If the advice I received is correct, it appears that the constitutional prerogative of the court to be free to take action would be undermined and that it would be required to accept a chief superintendent's evidence, in the absence of any other evidence, as to the likelihood that an applicant will commit offences on bail and be then required to refuse such bail. If the Tánaiste provides...

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: Since, in the absence of this legislation, it is possible for a chief superintendent to provide opinion evidence, what discernible change will the provision bring about?

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: Any garda can do so.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: If a garda is free to give evidence, surely a chief superintendent may do so.

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: What does the Tánaiste intend to achieve with this section?

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: Is the Tánaiste satisfied that a chief superintendent's opinion alone would be sufficient grounds to refuse bail?

Criminal Justice Bill 2007: Committee Stage (Resumed) (29 Mar 2007)

Brendan Howlin: I know these matters but I cannot tell you how I know them.