Results 4,481-4,500 of 15,429 for speaker:Helen McEntee

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Helen McEntee: Section 252 creates a criminal offence and, therefore, there is a need that people, including the media, the courts and even the Director of Public Prosecutions, know in advance the date on which the new provisions will come into force. We will not know in advance the date on which the President will sign the Bill, and there can be a short delay as a new Act is promulgated before it becomes...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: We have examined this matter. We are all trying to achieve the same thing. Perhaps I am incorrect but my understanding of the amendment, as it is being set out, is that its effect would be to require a higher test for arraigning a person at the preliminary trial hearing. I do not believe that is necessary in this instance. It is being left up to the court, and it is appropriate that the...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: It can replace it but that does not have to be the case.

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: Yes.

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: The difference is between where someone is being arraigned and where other types of matters are being assessed, which is the second part. It is not only arraigning a person but considering matters such as case management, the availability of witnesses and the length of the trail. We would be going into a different type of list. This is simply focusing on arraignment. It would be more...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: To give some context, section 21 of that Act, as the Deputy outlined, states: In any proceedings relating to an offence, where a court is satisfied that— (a) the nature or circumstances of the case are such that there is a need to protect a victim of the offence from secondary and repeat victimisation, intimidation or retaliation, and (b) it would not be contrary to the...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: It is provided for in the Criminal Justice (Victims of Crime) Act. It sets out that where a person will be victimised, where there will be intimidation or where it is contrary to the interests of justice, a question about a person's private life is not acceptable. It is not for me or the Deputy to decide whether that is appropriate in the context of a case. It is very much up to a judge to...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: It is explained in the Bill that a relevant order relates to the admissibility of evidence. This is a significant part of the legislation. One of the reasons we are introducing pretrial hearings is to allow a decision to be made on whether evidence is relevant. The Bill sets out that a relevant order "means an order as to the admissibility of evidence”. I am not sure we would want...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: I understand where the Deputy is coming from. There is an onus on the prosecution and defence to highlight particular issues they want to raise at the pretrial hearing. It is important that these are not put off and it is claimed later that something has arisen and needs to be raised. Section 6(17) provides that there is an obligation on the prosecution and accused to inform the trial...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: I thank the Deputy for his amendment. It is important we review all legislation. Deputies are aware that there is an existing provision within Standing Orders for post-enactment reports. It is Standing Order 197. It must be prepared by the Government or the Minister responsible for the legislation 12 months following the enactment. It provides for a review of the functioning of the Act...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: It applies to all legislation.

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: I do not know if it could happen before a change to the particular Standing Order but I am happy, unless otherwise recommended, to have a discussion with the committee or have something presented to the Dáil on the legislation, whether it happens at the request of the committee or automatically. Perhaps that is something that should be discussed by the committee dealing with changes to...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: The period of 24 months is probably a good idea as some legislation is more complex and takes longer to bed in and even understand. In this case, the legislation has been requested for a long time and some concerns have been raised with us by those who have engaged with us on the matter. My concern is that by waiting and including in primary legislation a requirement to have a review after...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: Perhaps we could clarify it. It is clarified in the legislation that the relevant order relates to the admissibility of evidence, which is a key part of the reasoning behind the legislation.

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: The legislation goes a certain distance to deal with what Deputy Martin Kenny has outlined as well. The Minister can set out under section 5(2) to section 5(4) the types of orders that can be set under this legislation that can be addressed in the preliminary trial hearing, the reasons for doing so, the nature of the offence concerned and the complexities that arise in particular offences....

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: I would just like to thank colleagues for the speedy passage of this Stage of the Bill and their support. It was quite a technical Bill in terms of the amendments that are being put forward. It has been sought for some time. I was looking at not just the O'Malley report, but the Hamilton report, the Fennelly report of 2012 and the McDermott report of 2013. This will make a difference and...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: The intention is that it will be enacted at the same time.

Written Answers — Department of Justice and Equality: Land Ownership (3 Mar 2021)

Helen McEntee: Statutory provisions concerning the registration of easements are contained in the Land and Conveyancing Law Reform Act 2009, as amended by the Civil Law (Miscellaneous Provisions) Act 2011. Part 8 (Chapter 1) of the Land and Conveyancing Law Reform Act 2009 updated the law concerning the acquisition of easements, including rights of way, based on recommendations of the Law Reform Commission....

Written Answers — Department of Justice and Equality: Rental Sector (3 Mar 2021)

Helen McEntee: The provision of property services to consumers in Ireland is subject to a detailed legislative framework of licensing, regulation, monitoring and enforcement, under the Property Services Regulation Act 2011. The 2011 Act also established the Property Services Regulatory Authority (PSRA), an independent statutory regulatory body specifically tasked with responsibility for licensing and...

Written Answers — Department of Justice and Equality: Alcohol Sales (3 Mar 2021)

Helen McEntee: I propose to take Questions Nos. 650 and 659 together. The Justice Plan 2021, which I published last week, commits to reviewing and modernising alcohol licensing. Our hospitality and cultural sectors have been hardest hit by the pandemic, with many pubs and venues not opening their doors for a year. As part of my plan to build a justice system that works for everyone, I want to help...