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

Jim O'Keeffe: The statute has been there for generations and I question why it should be removed.

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

Jim O'Keeffe: I refer also to that grey area of anti-social behaviour. Such behaviour may not lead to someone committing a criminal offence — there is a requirement of proof that the person did commit such an offence — and there would be a difference between them and a person involved in unacceptable behaviour. However, if the advice from the Attorney General is that it would be unwise to include it...

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

Jim O'Keeffe: With regard to bail, I take the view it is better to release people and electronically tag them than to keep them in custody. It is better for the accused person, the State and the taxpayer who will not need to pay for the expense of keeping them in custody. My problem with electronic tagging generally is that steps have not been taken to implement it. I have no difficulty with the...

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

Jim O'Keeffe: Of course, but one must put it in place to establish the scale. We must have a first person to be tagged. It works and the suggestion that it is like the Star of David in Denmark during the Second World War is wrong. A tag is like a watch worn on the ankle or wrist. It is generally placed around the ankle where it is covered by a tracksuit or a pair of jeans. In a recent case in the UK a...

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

Jim O'Keeffe: Where stands the Minister?

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

Jim O'Keeffe: In the middle.

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

Jim O'Keeffe: Will the Tánaiste explain this new proposal?

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

Jim O'Keeffe: The more I hear from the Minister, the more I realise that a genuine and reasoned debate is needed on the issue of sentencing, with advice sought from experienced lawyers and others. A considerable difference exists between my approach to sentencing and the Minister's, who appears to use a smoke and mirrors strategy. He adopts a tough approach to mandatory sentencing while building the...

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

Jim O'Keeffe: I am not objecting to that. My approach is entirely different and, with respect, better than the Minister's. It would not give rise to a situation in which I or anybody else has to examine or openly criticise the conduct of the Judiciary. It provides for the establishment of a registered database of sentences because it is beyond me to explain how we can proceed on sentencing without such...

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

Jim O'Keeffe: The Minister is a great man in theory.

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

Jim O'Keeffe: One further issue occurs to me regarding these amendments. Buried in the middle of amendment No. 50 in the name of the Minister is a definition of remission from sentence. It states: "remission from the sentence" means, in relation to the sentence imposed on a person, the remission which he or she may earn from that sentence under the rules or practice whereby prisoners generally may earn...

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

Jim O'Keeffe: This appears to accord with the approach I and others in my party have been advocating. Is this an indication of a further conversion of the Tánaiste?

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

Jim O'Keeffe: It looks suspiciously like it.

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

Jim O'Keeffe: Why is the Tánaiste including it here?

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

Jim O'Keeffe: Which one earns.

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

Jim O'Keeffe: That is what the Tánaiste's amendment proposes.

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

Jim O'Keeffe: Why is the Minister adding in a provision at this late stage in the Bill to allow for prisoners to gain remission of sentence in the following manner: "...the remission which he or she may earn from that sentence under the rules of practice whereby prisoners generally may earn remission of sentence by industry and good conduct."? Why is he including a provision to provide for exactly what...

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

Jim O'Keeffe: Why is this provision being introduced at this late stage?

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

Jim O'Keeffe: Does one have to earn it?

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

Jim O'Keeffe: I am not getting up on a soapbox.

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