Results 3,321-3,340 of 8,015 for speaker:Jonathan O'Brien

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: Would it not be fairer to say that the Minister does not have a role in the process but what is actually a veto over the process?

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: The Minister has the power either to agree or not to agree to the opening of an investigation against the Garda Commissioner. Therefore, whether it is a use of language or not, the reality is that the Minister has a veto.

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: It is my understanding that the rationale will be given back to the Commission, but is it the case that it will be made public, or not?

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: Is it up to GSOC whether to reveal the reason the Minister decided against an investigation?

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: I move amendment No. 3:In page 3, between lines 17 and 18, to insert the following:“Amendment of section 73 of Principal Act3.Section 73 of the Principal Act is amended by the insertion of the following subsection after subsection (3): “(4) The Ombudsman Commission and the Garda Inspectorate may, for the purposes of an investigation, recruit a pool of independent investigators...

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: I move amendment No. 4:In page 3, between lines 17 and 18, to insert the following:“Amendment of section 74 of Principal Act 3. Section 74 of the Principal Act is amended by the insertion of the following subsection after subsection (4):“(5) The Ombudsman Commission and the Garda Inspectorate may, for the purposes of an investigation, recruit a pool of independent...

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: I move amendment No. 5:In page 3, between lines 20 and 21, to insert the following: “Amendment of section 82(1) of Principal Act 4. Section 82(1) of the Principal Act is amended by the substitution of the following subsection for subsection (1):“(1) In this Part, unless the context otherwise requires— ‘admissible complaint’ means a complaint determined by...

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: This brings us back to our previous amendment which sought an independent adjudicator in dealing with such issues. Whether we like it, sometimes citing national security can be used as a mechanism to delay investigations. I know this from personal experience. Before being elected to the Dáil, I used to work as a roofer. I was offered a job at the Haulbowline naval base and applied...

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: With regard to amendment No. 15 tabled by Deputy Mac Lochlainn, the committee recommended that access to the PULSE system by GSOC should be put on a statutory footing, not by way of protocol. I understand that was in its report, which said that the access to Garda systems is of integral importance to the operation of effective oversight of An Garda Síochána. It said that while in...

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: I move amendment No. 8:In page 3, between lines 23 and 24, to insert the following:“Amendment of section 96(4) of Principal Act 5. Section 96(4) of the Principal Act is amended by the substitution of the following subsection for subsection (4):“(4) A person may not be required under subsection (1)(a) or (3)(a) to provide any information, document or thing that is designated, or...

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: I move amendment No. 9:In page 3, between lines 23 and 24, to insert the following:“Amendment of section 96(5) of Principal Act 5. Section 96(5) of the Principal Act is amended by the substitution of the following subsection for subsection (5):“(5) If a person required under subsection (1)(a) or (3)(a) to provide any information, document or thing claims that subsection (4)...

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: I move amendment No. 10:In page 3, between lines 23 and 24, to insert the following:“Amendment of section 96(6) of Principal Act 5. Section 96(6) of the Principal Act is amended by the substitution of the following subsection for subsection (6):“(6) If the Independent Adjudicator determines that the disclosure of all or part of the information, document or thing specified in...

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: I concur with Deputy Collins.

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: I move amendment No. 13:In page 4, to delete lines 28 to 30.

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: I move amendment No. 15:In page 5, between lines 28 and 29, to insert the following:“9. The Ombudsman Commission may, if the investigation so requires, access the PULSE system.”.

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: I move amendment No. 16:In page 5, line 35, to delete “as soon as practicable” and substitute “within thirty days”. While I acknowledge that placing time limits on things sometimes can be impractical, one concern of Deputy Mac Lochlainn is that sometimes - not always and I do not wish to cast aspersions on members of the Garda - gardaí can cause undue delays...

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: I understand fully what the Minister of State is saying and I am sure that when Deputy Mac Lochlainn reads back the transcripts, he will disagree with him. While I can see where the Minister of State is coming from, there must also be some sort of mechanism put in place whereby if there is an undue delay in providing information, somebody must at least give an explanation as to what that...

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: Could a mechanism not be put in place whereby if a long period of time has elapsed, someone must come forward to explain the reason the information has not yet been provided? This would not put a specific timeframe on it but at least would avoid a position where the delay runs into two, three, four or five months without the information being provided and with no one knowing why it has not...

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: Will the Minister of State at least commit to considering the possibility of including a mechanism for reporting if the delay reaches a certain timeframe within the process? Someone could then at least report back to the commission to tell it not all the information has been acquired, the reason for it, and that it is hoped it will be provided within a number of weeks.

Select Committee on Justice, Defence and Equality: Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage (28 Jan 2015)

Jonathan O'Brien: While I will leave it in the Minister of State's capable hands, if he fails I am sure we will-----