Results 4,641-4,660 of 16,537 for speaker:Brian Lenihan Jnr

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

Brian Lenihan Jnr: I move amendment No. 10: In page 5, to delete lines 33 to 40 and substitute the following: ""(3) A person who causes another person to commit an offence under subsection (1) or (2) 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. (4) A person who attempts to...

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

Brian Lenihan Jnr: I explained on Committee Stage that a similar amendment from Deputy Naughten did not make sense as proposed, but it did raise an issue that I undertook to examine before Report Stage. The effect of his amendment would be that a person could consent to being coerced, threatened or deceived into being trafficked. There was a difficulty with that particular formula in terms of the...

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

Brian Lenihan Jnr: I move amendment No. 13: In page 7, between lines 16 and 17, to insert the following: "(2) In proceedings for an offence under this section it shall not be a defence for the defendant to show that the person in respect of whom the offence was committed consented to the commission of any of the acts of which the offence consists.".

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

Brian Lenihan Jnr: I move amendment No. 16: In page 7, to delete lines 30 to 32, and substitute the following: "(6) 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.".

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

Brian Lenihan Jnr: As regards these amendments, the Prosecution of Offences Act 1974 established the Office of the Director of Public Prosecutions, DPP. Under section 2 of that Act, the holder of the office is independent in the performance of his or her functions. That is a basic principle of our polity. The functions of the DPP include all those capable of being performed relating to criminal matters,...

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

Brian Lenihan Jnr: Those issues can be addressed in the context of the immigration Bill, when we have a discussion on it.

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

Brian Lenihan Jnr: Again, we are back to the discretion of the director. I want to correct one impression conveyed by Deputy Rabbitte. Of course, the file submitted by the Garda to the Director of Public Prosecutions would refer to trafficking if there was any suggestion of trafficking. The difficulty Deputies Rabbitte and Naughten have, and the difficulty we have with this whole phenomenon, is the...

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

Brian Lenihan Jnr: This is to train the Garda Síochána in how to recognise the indicators of trafficking beyond what traffickers say. To date, 150 gardaí have received specific training in this area.

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

Brian Lenihan Jnr: The Deputy will have to deal with that in the context of the Immigration, Residence and Protection Bill. Clearly there cannot be a provision in the Bill that exempts a person who is not lawfully in the State from deportation. I do not want to anticipate our discussion on the Immigration, Residence and Protection Bill.

Written Answers — Residency Permits: Residency Permits (7 Feb 2008)

Brian Lenihan Jnr: The position in relation to granting long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. The...

Written Answers — Garda Deployment: Garda Deployment (7 Feb 2008)

Brian Lenihan Jnr: I am informed by the Garda Commissioner that the overall strength of the Divisional Drugs Units is 313. The personnel strengths outlined in the table below are indicative of all those employed full-time on Drugs Units throughout each of the 25 operational Divisions. All Gardaí have responsibility, inter alia, to deal with drug related issues as and when they arise. The Deputy will appreciate...

Written Answers — Departmental Agencies: Departmental Agencies (7 Feb 2008)

Brian Lenihan Jnr: I propose to take Questions Nos. 188, 189 and 191 together. As the Deputy will be aware, in 2005 the Auctioneering/Estate Agency Review Group, established by my predecessor to carry out a review of all aspects of the auctioneering profession in Ireland, recommended the establishment of a Regulatory Authority to take over responsibility from the Courts and the Revenue Commissioners for the...

Written Answers — Proposed Legislation: Proposed Legislation (7 Feb 2008)

Brian Lenihan Jnr: I refer the Deputy to my response to Questions Nos. 597 and 645 of 5 February on this matter. I have nothing further to add to the information given in that reply.

Written Answers — Asylum Applications: Asylum Applications (7 Feb 2008)

Brian Lenihan Jnr: The person concerned arrived in the State on 12 October 1998 and applied for asylum. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner. The person concerned was advised of her entitlement to appeal this recommendation to the Refugee Appeals Tribunal but did not do so. Subsequently, in accordance with Section 3 of the...

Written Answers — Work Permits: Work Permits (7 Feb 2008)

Brian Lenihan Jnr: In response to a previous Parliamentary Question No. 1274 on 30 January 2008 I explained the position in relation to Work Permits and the Certificate of Registration which is granted to holders of those permits. Green Card Permits which are different from Work Permits are applicable to those earning €60K or more per annum or those earning over €30K in occupations where high level...

Written Answers — Residency Permits: Residency Permits (7 Feb 2008)

Brian Lenihan Jnr: The position in relation to granting long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements. The...

Written Answers — Refugee Status: Refugee Status (7 Feb 2008)

Brian Lenihan Jnr: With regard to the first named person, the Deputy will be aware that applications for refugee status in the State are determined by an independent process comprising the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal which make recommendations to myself, as Minister, as to whether such status should be granted. A final decision on this person's application...

Written Answers — Citizenship Applications: Citizenship Applications (7 Feb 2008)

Brian Lenihan Jnr: I refer the Deputy to my reply to Parliamentary Question 592 on 27 November 2007. Processing of the application is ongoing and the file will be forwarded to me for a decision in the coming months. I will inform the Deputy and the person concerned when I have reached a decision on the matter.

Written Answers — Sentencing Policy: Sentencing Policy (7 Feb 2008)

Brian Lenihan Jnr: As previously advised to the Deputy, Section 59 (2) of the Prison Rules, 2007 allows for the discretionary granting of additional remission, up to one third as opposed to the standard rate of one quarter, where a prisoner has shown further good conduct through his/her engagement in authorised structured activity and where, as a result, the prisoner is less likely to re-offend and will be...

Written Answers — Residency Permits: Residency Permits (7 Feb 2008)

Brian Lenihan Jnr: Long term residency is an administrative scheme that was introduced in May 2004 and is focused on persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions. Such persons may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt...