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Criminal Justice Bill 2011: Report and Final Stages (14 Jul 2011)

Alan Shatter: I move amendment No. 2: In page 26, line 28, after "document" to insert "(within the meaning of this Act)". This is an amendment to section 18. The purpose of this amendment and amendment No. 3 is to clarify the link between section 18, which provides for presumptions relating to documents, and section 5 of the Criminal Evidence Act 1992, which provides for the admissability of certain...

Criminal Justice Bill 2011: Report and Final Stages (14 Jul 2011)

Alan Shatter: I move amendment No. 3: In page 26, line 29, after "1992 applies" to insert the following: "or would apply if the document were reproduced in permanent legible form".

Criminal Justice Bill 2011: Report and Final Stages (14 Jul 2011)

Alan Shatter: I move amendment No. 4. In page 27, between lines 34 and 35, to insert the following: 20.—(1) An employer shall not penalise or threaten penalisation against an employee, or cause or permit any other person to penalise or threaten penalisation against an employee— (a) for making a disclosure or for giving evidence in relation to such disclosure in any proceedings relating to a relevant...

Criminal Justice Bill 2011: Report and Final Stages (14 Jul 2011)

Alan Shatter: The framing of these provisions has involved consultation with Deputy Bruton's Department and they have fed into the process of developing the amendments, as have the Attorney General's office, which played a substantial role in finalising them, and my Department. The Minister for Jobs, Enterprise and Innovation is aware of, and supportive of, these provisions and they will be properly...

Criminal Justice Bill 2011: Report and Final Stages (14 Jul 2011)

Alan Shatter: I thank the Deputy for his contribution. If we complete Report and Final Stages today, Second Stage of the Bill will be taken in the Seanad the week after next. The House is sitting for an additional week, for which I am partly responsible I am afraid.

Criminal Justice Bill 2011: Report and Final Stages (14 Jul 2011)

Alan Shatter: It is expected that Committee and Remaining Stages will be completed as well. The objective is to have the Bill enacted before August in order that it can come into force and assist the Garda not only in future investigations but also in current investigations. I am conscious that in my opening comments on these amendments, I went through the technicalities involved but I would like to...

Criminal Justice Bill 2011: Report and Final Stages (14 Jul 2011)

Alan Shatter: Procedurally, we cannot do that. The Bill started life in the Seanad and came back to us. It is with us now. If it goes back to the Seanad, if there were further amendments made in the Seanad, it could give rise to a difficulty in the Bill being completed by the end of this month. That is an issue that has arisen in the past. I hope the Bill will be supported in the Seanad. We very...

Criminal Justice Bill 2011: Report and Final Stages (14 Jul 2011)

Alan Shatter: I move amendment No. 5: In page 27, between lines 34 and 35, to insert the following: 21.—(1) An employee who makes a disclosure knowing it to be false or being reckless as to whether it is false shall be guilty of an offence. (2) An employer who contravenes section 20(1) shall be guilty of an offence. (3) A person who, upon examination on oath or affirmation authorised under paragraph 2(7)...

Criminal Justice Bill 2011: Report and Final Stages (14 Jul 2011)

Alan Shatter: I move amendment No. 6: In page 28, line 16, to delete "19(1)" and substitute "19(1)(b)". Amendments Nos. 6 and 7 propose to clarify the references in the Schedule to offences under sections 19 and 34 of the Investment Intermediaries Act 1995. Amendment No. 6 is a technical drafting amendment to refer more clearly to the offence under section 19(1)(b) of the Investment Intermediaries Act...

Criminal Justice Bill 2011: Report and Final Stages (14 Jul 2011)

Alan Shatter: I move amendment No. 7: In page 28, line 16, to delete "34(1)" and substitute "34". Amendment agreed to.

Criminal Justice Bill 2011: Report and Final Stages (14 Jul 2011)

Alan Shatter: I move amendment No. 8: In page 30, after line 10, to insert the following: "SCHEDULE 2REDRESS FOR CONTRAVENTION OF SECTION 20(1) Complaints to rights commissioner 1. (1) An employee (or, in the case of an employee who has not reached the age of 18 years, the employee's parent or guardian, with his or her consent) or any trade union of which the employee is a member, with the consent of the...

Criminal Justice Bill 2011: Report and Final Stages (14 Jul 2011)

Alan Shatter: I thank both of the Deputies opposite for their co-operation in the enactment of this Bill, and for the constructive and helpful comments they made on Second Stage. I hope this is very much a precedent for the way we continue to deal with legislation in this House and that where there are constructive and helpful amendments proposed or suggested to future legislation, I look forward to the...

Written Answers — Ground Rents: Ground Rents (14 Jul 2011)

Alan Shatter: The position is that section 2 of the Landlord and Tenant (Ground Rents) Act 1978 prohibited the creation of new leases reserving ground rents on dwellings. As regards existing leases, Part III of the Landlord and Tenant (Ground Rents) (No. 2) Act 1978 made provision for a statutory scheme whereby any person could, at reasonable cost, acquire the fee simple in his or her dwelling. The scheme...

Written Answers — Citizenship Applications: Citizenship Applications (14 Jul 2011)

Alan Shatter: A valid application for a certificate of naturalisation from the person referred to by the Deputy was received in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) in July 2010. The application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted...

Written Answers — Proposed Legislation: Proposed Legislation (14 Jul 2011)

Alan Shatter: The position is that the Government Legislation Programme provides for publication of the Sale of Alcohol Bill in late 2011. As regards the introduction of minimum pricing for alcohol products, the position is that the Steering Group which is developing proposals to integrate alcohol into the National Substance Misuse Strategy has been examining a range of issues relating to alcohol pricing....

Written Answers — Citizenship Applications: Citizenship Applications (14 Jul 2011)

Alan Shatter: The average time taken to process applications for a certificate of naturalisation has been impacted by the substantial increase in the volume of applications over recent years. Upon coming into office I immediately commenced a review of the system of processing naturalisation applications and in that regard I recently announced a series of measures to bring about a substantial reduction in...

Written Answers — Legal Services: Legal Services (14 Jul 2011)

Alan Shatter: The Government Legislation Programme indicates that a Legal Services Bill expected to be published in 2011 will provide for regulation of the legal professions and give effect to the Report of the Competition Authority on Solicitors and Barristers and the Report of the Legal Costs Working Group. Since the Legal Services Bill will have substantial implications for the Legal Services Ombudsman...

Written Answers — Proposed Legislation: Proposed Legislation (14 Jul 2011)

Alan Shatter: As indicated in the Government Legislation Programme for the Summer Session announced by the Chief Whip on 5 April 2011, the Judicial Council Bill is in the course of being drafted with a view to being published in late 2011.

Written Answers — Legal Services: Legal Services (14 Jul 2011)

Alan Shatter: Under the law as it stands a breach of the requirement of a solicitor to provide details of charges to his or her client under section 68 of the Solicitors (Amendment) Act 1994 constitutes misconduct for which a solicitor can be subject to disciplinary proceedings by the Law Society or the Solicitors Disciplinary Tribunal. A function of the Legal Services Ombudsman, provided under...

Written Answers — Legal Services: Legal Services (14 Jul 2011)

Alan Shatter: The Code of Conduct for the Bar of Ireland requires a barrister, on taking instructions, to provide an instructing solicitor, or the client in the case of access under the Direct Professional Access Scheme, with particulars of charges in writing. Contravention by a barrister of any provision of the Code may result in disciplinary proceedings by the Bar Council's Professional Conduct Tribunal....

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