Results 5,421-5,440 of 16,537 for speaker:Brian Lenihan Jnr

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 13: In page 19, line 38, to delete "The" and substitute "Without prejudice to section 11, the".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 14: In page 19, after line 46, to insert the following: 11.—(1) Where— (a) mutual assistance between the State and another state was provided for by or under a provision of Part VII of the Act of 1994 before the repeal of that Part on the commencement of section 10(a), and (b) the state is not designated under section 4 for the purposes of that assistance, the...

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I will take matters on board later but regret to advise Deputy Rabbitte that I cannot accept this amendment. On Committee Stage, I indicated that I was willing to revisit the matter. I put the proposal to the office of the Attorney General and I was advised it was considered an inappropriate amendment. The phrase "without undue difficulty" is very vague. It is considered that it would not...

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 16: In page 21, line 26, to delete "in".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 17: In page 22, line 1, to delete "shall be" and substitute "is".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment. No. 18: In page 22, line 37, after "ex parte" to insert "and otherwise than in public". Amendments Nos. 19 and 23, proposed by Deputy Rabbitte, are alternatives to amendments Nos. 18 and 22. These are in response to matters raised by Deputy Rabbitte during the debate on Committee Stage, which I agreed to ask the Parliamentary Counsel to examine. Amendments are now being...

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 20: In page 23, to delete lines 21 to 24 and substitute the following: "(5) An order under this section has effect notwithstanding any obligation as to secrecy or any other restriction on disclosure imposed by statute or otherwise.". Amendments Nos. 21 and 25, as proposed by Deputy Rabbitte, are alternatives to the official amendments Nos. 20 and 24. They also address an...

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 22: In page 25, line 40, after "ex parte" to insert "and otherwise than in public".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 24: In page 26, to delete lines 26 to 29 and substitute the following: "(5) An order under this section has effect notwithstanding any obligation as to secrecy or any other restriction on disclosure imposed by statute or otherwise.".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 26: In page 27, between lines 25 and 26, to insert the following: "(2) Subsection (1) is without prejudice to the law relating to contempt of court.".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 27: In page 29, line 18, after "where" to insert "the request".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 28: In page 29, line 19, to delete "the request".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: The Deputy expressed his concern that the provision would allow the law to be changed by Executive act rather than primary legislation. The subsection gives effect to two articles in the 2000 convention. The State may make a declaration under the articles at the time of entry into force of the convention to the effect that immediate transmission of interceptions is not possible. In those...

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 30: In page 31, line 39, to delete "1993," and substitute "1993".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 31: In page 34, line 35, after "2003)" to insert the following: ", as amended by the European Communities (Electronic Communications Networks and Services) (Authorisation) (Amendment) Regulations 2007 (S.I. No. 372 of 2007)".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 32: In page 35, line 2, to delete "1983 Act" and substitute "Act of 1983".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 33: In page 35, line 26, after "to" where it secondly occurs to insert "be".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 34: In page 39, to delete lines 4 to 9 and substitute the following: "(4) An order under this section does not apply in relation to any documents subject to legal privilege.".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I can give the Deputy some assurance by reference to the Interpretation Act 2005, which provides at subsection 26 (2) that, where an enactment repeals a former enactment, proceedings taken under the former enactment may be continued under and in conformity with the new enactment in so far as they may be done consistently with the new enactment, which is possible under this legislation....

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 36: In page 48, line 23, to delete "damage" and substitute "prejudice".