Results 3,241-3,260 of 29,533 for speaker:Brendan Howlin

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: If a judge were to impose an unjust set of conditions as can happen——

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: Is it not then an intrinsic part of the punishment?

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: Will the Tánaiste introduce an amendment to that effect?

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: When Attorneys General differ.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: The problem is they all relate to the same Schedule.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: The Deputy's constituents are very law abiding.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: I will not rehearse the ground already well travelled by my colleagues. I approach this legislation as a non-lawyer and as a practical citizen. Some of the niceties of court bamboozle people. For example, a person who has heroin on the heel of his or her shoe might not give any explanation. The notion that he or she is not required to give any explanation strikes most people as odd. As...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: I was a Member of the Seanad and I recall the debate in 1984. At the time, the notion of detention for questioning was novel.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: The question is when did the person make it up.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: On a point of order, I am very conscious that we have 35 minutes left.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: It is very useful to have that discussion because many people outside did not understand this provision. I wish we had time to discuss every section.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: We do not have time to get to it.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: We have not had the time.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: Will the Minister explain what I intend?

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: I welcome the formula put forward by the Tánaiste. There is case law in regard to decisions of the Court of Criminal Appeal where cautions were found to be defective. A formula should be devised. I am advised there are several statutory instruments or laws already enacted by the Oireachtas that require a member of the Garda Síochána to explain an issue in ordinary language. To simplify...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: The Tánaiste has undertaken to consider my amendment. I will resubmit it on Report Stage.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: I will be brief as I am conscious that others wish to contribute. I told the Minister on the last occasion that I had changed my views in regard to mandatory sentencing on this issue.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: I had a very rigid view that it should be for the courts to have the ability to make a discernment in each individual case but because I am now convinced that the issue of drugs is so pervasive, is all over the country and doing extraordinary damage to communities all over the country, that we need that wake-up call. I agree with the Minister that it is not simply the Mr. Bigs who can...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: Could it apply in the circumstances?

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: It cannot do both.