Results 4,621-4,640 of 16,537 for speaker:Brian Lenihan Jnr

Written Answers — Road Traffic Offences: Road Traffic Offences (6 Feb 2008)

Brian Lenihan Jnr: Under sections 73 and 76 of the Finance Act, 1976 (as amended by section 63 of the Finance Act, 1993), it is an offence to use, park or otherwise keep a mechanically propelled vehicle in a public place while there is not fixed to and exhibited on the vehicle a tax disc which is issued in respect of the said vehicle. Under the Road Traffic (Insurance Disc) Regulations,1984 as substituted by...

Written Answers — Garda Vetting Services: Garda Vetting Services (6 Feb 2008)

Brian Lenihan Jnr: I would refer the Deputy to my reply to Parliamentary Questions Nos. 637, 641 and 642 of 5 February, 2008.

Written Answers — Residency Permits: Residency Permits (6 Feb 2008)

Brian Lenihan Jnr: The person concerned arrived in the State on 4 July 2003 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, by the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act, 1999 (as amended), she was informed, by letter dated 27 September 2005, that...

Written Answers — Residency Permits: Residency Permits (6 Feb 2008)

Brian Lenihan Jnr: Officials in the long term residency section of my Department inform me that there is no record of an application for long term residency received from the person referred to in the Deputy's question. An application for a certificate of naturalisation was received in the Citizenship section of my Department in January 2007. On examination of the application it was determined that the person...

Killing of Paul Quinn: Statements (7 Feb 2008)

Brian Lenihan Jnr: I once again condemn unreservedly the killing of Paul Quinn. This brutal assault, resulting in the death of a young man, has been properly condemned by all right-thinking people on both sides of the border. The obvious planned nature of the assault makes it all the more reprehensible. Deputies of all political parties and politicians across the island share my revulsion at what happened to...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: The purpose of this amendment is to extend the meaning of trafficking into any activity which could be described as exploitation as long as the exploitation is carried out for the purpose of financial gain. On Committee Stage, I indicated I was not disposed to extending the purposes for which a person could be trafficked beyond those established in the relevant international instruments on...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: I can look at what the Deputy suggested, but sexual and labour exploitation are comprehensively defined in this Bill and there can be no ambiguity about what they mean. It is important we have accurate definitions in a criminal statute.

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: As I explained in detail on Committee Stage, the Government has a comprehensive strategy to ensure Ireland will be in a position to ratify the Council of Europe Convention on Action against Trafficking in Human Beings. The legislation is an element of the strategy and is, therefore, not the entire strategy. That is an important context in which our discussion should take place. I welcome...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: These questions can be examined in the context of the Social Welfare Acts. I accept the Deputy's point that the habitual residency qualification in the case of EU nationals may have to be examined in the context of a victim of trafficking. The high level group can work with the Departments on the measures required to ensure proper protection. We are committed to ratifying the Council of...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: The Immigration, Residence and Protection Bill deals with residence in the State of persons who are not Irish or EU nationals. Were we to make provision in respect of the matter under discussion in the Bill before us — this is altogether separate from the issue of inducements raised by the Human Rights Commission — we would be obliged to repeal and then re-enact it in the Immigration,...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: If I were to follow Deputy Coveney's advice, I would make provision in respect of the matter in question in this Bill and then be obliged to repeal that provision a few months hence when the Immigration, Residence and Protection Bill is enacted. The latter is the correct mechanism with which to deal with the matter because it deals with residency in the State. To allay the concerns expressed...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: First, I should have said in reply to Deputy Ó Snodaigh in respect of the previous amendments that the question of a person who is a non-EU national and who has been given a period of recovery and reflection in the State is not contingent on a prosecution taking place. I have read into the record of the House and the Immigration, Residence and Protection Bill states that the period of...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: I am opposed to the amendments at this stage. However, in view of the eloquence of the arguments put forward by Deputies Rabbitte and Naughten, I am willing to look at the narrow amendment proposed and to make that statement in the legislation. I remain doubtful as to whether there will be successful prosecutions. However, given the horrific character of the phenomenon of trafficking, I...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: I will revisit this issue when the Bill is debated in the Seanad.

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 5: In page 5, to delete lines 9 to 11 and substitute the following: "(5) A person guilty of an offence under this section shall be liable upon conviction on indictment— (a) to imprisonment for life or a lesser term, and (b) at the discretion of the court, to a fine.". My amendments Nos. 5, 8 to 10, inclusive, and 16 are in response to an amendment proposed by Deputy...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: Deputy Ó Snodaigh's amendment seeks to give the court power to order the payment of compensation to the victims of trafficking, but such a general power already exists. Section 6 of the Criminal Justice Act 1993 deals with the power of the court to order the offender to pay compensation to an injured party. Under section 6, on conviction of a person for an offence, the court may make a...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: Of course I would dearly love to have control over these funds, but they go to the Exchequer and I support the Government policy and the views of the Minister for Finance on this matter.

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: That is correct. There is an option to establish a fund under the Council of Europe convention and I have no doubt that is an issue that the high level working group will examine.

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 8: In page 5, to delete lines 19 to 22 and substitute the following: ""(1) A person who trafficks a child for the purposes of the sexual exploitation of the child shall be guilty of an offence and shall be liable upon conviction on indictment— (a) to imprisonment for life or a lesser term, and (b) at the discretion of the court, to a fine.".

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Brian Lenihan Jnr: I move amendment No. 9: In page 5, to delete lines 28 to 30 and substitute the following: "shall be guilty of an offence and shall be liable upon conviction on indictment— (i) to imprisonment for life or a lesser term, and (ii) at the discretion of the court, to a fine.", and".