Results 3,141-3,160 of 4,915 for speaker:Jim O'Keeffe

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

Jim O'Keeffe: The Minister can be very loose with his language at times. I did not refer to taking the 295 pages of the Hogan report and immediately enacting them into law. My amendments contain a proposal, the background of which goes back to 1982. It has been examined from time and time and it was raised and supported, not least by my colleague, Deputy Howlin, in the context of the 2004 Bill. It is...

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

Jim O'Keeffe: We will allow time for that. That is not a problem.

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

Jim O'Keeffe: The Minister's principle is ludicrous. He agrees with me in principle, yet he will not accept the proposal or offer any way to deal with it because there is not time to discuss it with the Attorney General. This all goes back to the headlong rush the Minister is in to put the Bill on the Statute Book. Are we trying to improve the criminal justice system? The Minister stands convicted on...

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

Jim O'Keeffe: The Tánaiste is breaking the rules of the House. Methinks he protests too much.

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

Jim O'Keeffe: They are related.

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

Jim O'Keeffe: To what amendment does the Acting Chairman refer?

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

Jim O'Keeffe: I move amendment No. 13: In page 6, before section 5, but in Part 1, to insert the following new section: 6.—(1) The requirements of this section shall be met if there is new and compelling evidence against the acquitted person in relation to the offence of which he or she was acquitted. (2) Evidence is new if— (a) it was not adduced in the proceedings in which the person was acquitted,...

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

Jim O'Keeffe: I move amendment No. 14: In page 6, before section 5, but in Part 1, to insert the following new section: 7.—(1) The requirements of this section are met if, in all the circumstances, it is in the interests of justice for the court to make the order under section 5. (2) In determining whether the requirements of this section are met, the court shall have particular regard to— (a) whether...

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

Jim O'Keeffe: I move amendment No. 15: In page 6, before section 5, but in Part 1, to insert the following new section: 8.—In this Part— "Director" means the Director of Public Prosecutions; "member of the judicary" means a judge of the District, Circuit, High or Supreme Courts.".

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

Jim O'Keeffe: I move amendment No. 16: In page 6, before section 5, but in Part 1, to insert the following new section: "PART 2 WITNESS INTIMIDATION 5.—The Minister shall, by regulation under this section, make provision for identification of suspects by witnesses, victims and other persons where the suspect can be identified through a one-way screen and the identity of the witness, victim or other...

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

Jim O'Keeffe: On page 233. The report states two issues were raised. One was the possible inference that might be drawn from a failure to attend an identity parade. I will not focus on this because it raises broader issues and the group did not come out with a clear recommendation. The second issue raised was that the injured party would identify the person involved from behind a one-way screen. It is...

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

Jim O'Keeffe: Was it acceptable?

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

Jim O'Keeffe: On the basis my amendment is accepted in principle, it is a matter of how we might implement it in practice. I want to ensure one way or another, whether through law, regulation or a change in practice, that at the earliest possible opportunity a process will be put in place whereby rape victims and others will not have to face their assailants directly in an identification parade if they...

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

Jim O'Keeffe: On the basis of the Tánaiste's assurances, I will withdraw the amendment.

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

Jim O'Keeffe: I move amendment No. 17: In page 6, before section 5, but in Part 1, to insert the following new section: "PART 2 EXCLUSIONARY RULE 5.—(1) Where evidence is obtained in contravention of a person's constitutional rights, whether numerated or unenumerated, such evidence may, having regard to the totality of the circumstances of the case and, in particular, the rights of the victim, be deemed...

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

Jim O'Keeffe: In amendment No. 19, I have defined the exclusionary rule, which was established in the Kenny judgment of 1990.

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

Jim O'Keeffe: I will. The ruling stated that "evidence obtained in violation of a person's constitutional rights is not admissible". It is time that we took on board a new approach that is not based on trampling the accused's constitutional rights, but on ensuring the accused cannot walk out the door thanks to technicalities.

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

Jim O'Keeffe: It occurred simultaneously.

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

Jim O'Keeffe: That is the problem.

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

Jim O'Keeffe: I am knocked down by all the support I am getting in principle for the propositions I am suggesting. However, I am not having much success in securing the changes in the law which I feel are necessary. We need to go back to first principles when considering these issues. The first point is that we constitute the Legislature. I respect the independence of the courts, but my first job is to...