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Written Answers — Garda Operations: Garda Operations (5 Apr 2007)

Brendan Howlin: Question 154: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if his attention has been drawn to a newspaper report (details supplied) in which it is claimed that an insurance company had been using former and serving gardaí to negotiate early settlement of motor insurance claims and that these former and serving gardaí had the ability to access, source and relay...

Requests to move Adjournment of Dáil under Standing Order 31 (24 Apr 2007)

Brendan Howlin: In accordance with the terms of Standing Order 31, I wish to move the adjournment of the Dáil to discuss the following specific and important matter of public interest requiring urgent attention: the need for the Minister for Health and Children to outline the steps she intends to take to inquire into the circumstances surrounding the deaths of four members of the Dunne family, which has...

Order of Business (24 Apr 2007)

Brendan Howlin: It is not agreed, Sir. Members will recall that a last minute brokered position was achieved when the Tánaiste offered not to guillotine all Stages of the Criminal Justice Bill at the last sitting before the Easter recess. There are now 171 amendments, some of which are new and many of them from the Tánaiste. We have very tight time and have acted very responsibly on this. There has...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: The debate has been unusual in that we recommitted most of the Bill and debated it on Committee Stage a second time. There were areas that were not touched upon and, as a result, amendments I have tabled on Report Stage have been ruled out of order. Is there any way to discuss them because if we get to the issue of detention periods, an issue we did not cover, only the Minister's proposals...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: I move amendment No. 12: In page 8, line 22, after "failure" to insert "or refusal". This is a simple, technical amendment to ensure that refusal, as opposed to passive failure, is also covered. In section 3(2) I wish to insert "or refusal". The repeal of subsection (1) of the enactment specified in Schedule 1 does not affect the application of those enactments to a failure or refusal to...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: I simply wanted the matter to be checked and I am pleased to accept the views of the Tánaiste.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: The Deputy may not comment but he will.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: I support Deputy Jim O'Keeffe's proposal. We had some discussion on this matter on Committee Stage, when the Minister talked about the practicalities of it, accepting that the most practical way to do this, perhaps, would be to have portable screens that could be transported to the Garda station where an identification process was due to take place. Both Deputy Jim O'Keeffe and the...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: As a young lad up from the country I was requested to stand in an identification parade. There was very little chance of being identified——

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: That is the precisely the point I was going to make. There was certainly a disparity in sizes and the point the Tánaiste makes is a fair one. In certain circumstances, when the elderly in particular are confronted by a perpetrator, it is not satisfactory that they should meet eyeball to eyeball, much less have to physically come into contact with each other. There is great merit in this...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: I feel a place on the judicial benches coming for the Minister from which he can make judicial announcements.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: The Tánaiste will have time to bring in a Private Members' Bill in the next Dáil.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: I move amendment No. 1 to amendment No. 26: In paragraph (e), after a "serious offence", to insert the following: "or for any offence committed within the previous 10 years". I saw the Minister's amendment since we had the reasonable debate on Committee Stage and he had accepted my amendment and substituted my wording of subsection (e). I wondered why the Minister was bringing forward two...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: Perhaps the Tánaiste will read into the record the list of serious offences.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: Does it cover every offence in respect of which a penalty of over five years in prison applies?

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: The Tánaiste tabled an amendment to this section which captures the argument I made on Committee Stage to delete the word "considered" because the original draft added a great deal of confusion. The Tánaiste has redrafted that amendment. Other than dropping the word "considered" in the new section 2A(1) I am not sure what other changes are necessary. I made a detailed submission on...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: I have read again the judgment of the Shortt case and it certainly tipped my view. It was a very learned opinion by the Supreme Court, obviously rehearsing case law from the United States. I am beginning to take liberties. We all rely on the Garda Síochána and in the past we have probably given too much weight to its mere opinions on these matters. This House should also learn from the...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: The Tánaiste has dropped it.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: Yes.

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Brendan Howlin: He would bolt.

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