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Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I will withdraw amendments Nos. 23, 64 and 75.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I have the letter stating that amendment No. 27 has been ruled out of order.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I wish to comment on amendment No. 27, which was ruled out of order. The Minister may not be aware that an amendment to section 6(1)(a) has been agreed by the Minister of State. This has knock-on effects throughout the legislation. One of those effects relates to amendment No. 27 because the wording of this amendment is exactly the same as the amendment we have just agreed. The Minister...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I do not understand why it can be ruled out of order as involving a potential charge on the Exchequer when an identical amendment has been agreed previously. It cannot be argued that this will give rise to a charge on the Exchequer in section 6 but not in section 6(1)(a). That does not make sense.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I appreciate that.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: The difference is probably the use of the word "shall" as opposed to "may", which takes us back to the earlier argument that this should be compulsory. The word "shall" is used in the directive, whereas the legislation uses the word "may".

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: Informing victims may give rise to a cost to the Exchequer but we either inform them or we do not inform them. As an Opposition Deputy, I find it extremely frustrating that, having spent considerable time doing research and drafting amendments, they are ruled out of order because the word "shall" as opposed to "may" is used. The way we do our work in here is bonkers.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I am willing to withdraw amendment No. 36 and support Deputy Daly's amendment No. 34. The Deputy is correct that "relevant" is stronger than "sufficient", the word used in my amendment.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: No, I am happy to hear the Minister.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I withdraw amendments Nos. 108 and 115.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I support the Minister's amendment No. 82 so I withdraw my amendment No. 84.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I move amendment No. 103:In page 22, line 2, to delete “may” and substitute “shall”. The amendment is also in the name of Deputy O'Callaghan. It refers to the age old argument about the difference between the words "may" and "shall". Our amendment seeks to delete the word may and substitute it with the word "shall".

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I am quite happy to come back to it on Report Stage. Special measures should obviously be implemented for certain victims but not in the case of all victims. I will come back to it on Report Stage.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I move amendment No. 116:In page 23, between lines 12 and 13, to insert the following:"19.The Minister shall introduce regulations to be made under this legislation setting out procedure and best practice guidelines to be followed whenever an intermediary is proposed to be used in Court to mediate the responses of a victim or other witness." I will withdraw the amendment but I reserve the...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I move amendment No. 117:In page 23, between lines 12 and 13, to insert the following:“19.It shall be a criminal offence for the accused or his or her supporters to record by any electronic means whatsoever court proceedings.”. I intend to withdraw the amendment and consider it further prior to Report Stage.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: It is currently illegal to record court proceedings without authorisation.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: What are the consequences of doing so? The Minister can come back to me if necessary.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I move amendment No. 146:In page 33, after line 35, to insert the following:“31. Within two years of the enactment of this Act, the Minister shall review the operation of this Act specifically with regard to non-compliance with the Act with a view to identifying any specific penalties that may need to be instituted.”. There is an automatic review with all new legislation so I...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I understand that the Minister may not be able to come back to this on Report Stage but she might give a commitment to look at setting up an ombudsman's office during the 12-month statutory review.

Ceisteanna - Questions (Resumed) - Priority Questions: Inquiries into Garda Activities (23 May 2017)

Jonathan O'Brien: 40. To ask the Tánaiste and Minister for Justice and Equality the number of inquiries and tribunals into An Garda Síochána that have concluded or are still ongoing from 2012; if she will provide a summary of their interim findings and conclusions; and if she will make a statement on the matter. [24776/17]

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