Results 581-600 of 7,652 for speaker:Joanna Tuffy

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (7 Apr 2004)

Joanna Tuffy: Can the Minister say how the definition as it stands allows for personality disorder?

Seanad: Order of Business. (8 Apr 2004)

Joanna Tuffy: The All-Party Committee on the Constitution, of which I am a member, yesterday launched a report on property rights. The Taoiseach, who requested the report, ironically was unable to launch it because he was appearing before the Mahon tribunal, which is examining certain land rezoning and corrupt payment issues. The report of the All-Party Committee on the Constitution contains measures which...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: I move amendment No. 9: In page 4, before section 2, to insert the following new section: "2.—Every Order or regulation under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the Order or regulation is passed by either such House within the next twenty-one days on which that House has sat after the Order or...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: Why are provisions such as these put into some Bills and not others?

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: I move amendment No. 25: In subsection (4)(c), in page 5, to delete lines 48 to 50 and in page 6, to delete lines 1 to 3 and substitute the following: "is fit to be tried, the person shall be sent back to the District Court to enable the Court to exercise its functions under the Criminal Procedure Act 1967.". We tabled this amendment because we believe that under the Bill as it stands, the...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: I move amendment No. 26: In page 6, subsection (5)(a), line 12, after "the" to insert "District". We believe the word "District" was erroneously omitted. The section only makes sense if it refers to the District Court. We propose inserting the word "District" for clarity.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: I move amendment No. 33: In page 7, between lines 11 and 12, to insert the following subsection: "(9) Where a court hears evidence under subsection (8) and decides not to discharge an accused person, no report of such evidence or of such decision may be published until such time (if any) as the trial of the person concludes or until it is determined that the trial will not proceed.". Under...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: I move amendment No. 37: In page 7, between lines 29 and 30, to insert the following subsection: "(2) A special verdict under this section shall be a conviction but the powers of the court as to sentence shall only be exercisable if both of the following conditions are satisfied, namely—— (a) the convicted person does not require detention for treatment under this Act or such detention...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: I move amendment No. 39: In page 7, between lines 37 and 38, to insert the following subsection: "(3) Where a person has been found guilty of an offence but, prior to passing sentence, the court becomes of opinion that the person is suffering from a mental disorder, the court, in imposing sentence, may direct that the sentence shall be served in a specified designated centre until such time...

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: The amendment's intention was not that the person be sent to a psychiatric institution for punishment, but for care. The problem is that there would be a great many prisoners in need of such treatment. The Minister said that the Prison Service deals with that currently, but is it doing so satisfactorily?

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: I move amendment No. 87: In page 13, subsection (6)(h), line 46, after "oath" to insert "or affirmation". This amendment seeks to include the word "affirmation" as well as "oath". The Minister may respond to the effect that this is covered by the Interpretation Act. However, we argue that it is not.

Seanad: Criminal Law (Insanity) Bill 2002: Committee Stage (Resumed). (8 Apr 2004)

Joanna Tuffy: I tabled amendment No. 135 which is not necessarily an alternate to amendment No. 134. A similar notice provision could be retained. The Minister criticised amendment No. 2 because the term "mental condition" was used which he considered too wide. Amendment No. 135 proposes to replace the word "mental condition" and replace it with "mental disorder."

Seanad: Order of Business. (27 Apr 2004)

Joanna Tuffy: I wish to mention the case of the three men in Colombia who were found not guilty of the major charge against them. The case against them appears to have been fundamentally flawed. For that reason and for the sake of their families the verdict is to be welcomed. I support calls for the men to be returned even if that means they would have to serve their sentences here. I ask the Minister for...

Seanad: Disabilities Bill: Motion. (28 Apr 2004)

Joanna Tuffy: The first issue I wish to raise is the delay in the introduction of the disabilities Bill. Groups like the National Association for the Mentally Handicapped of Ireland, NAMHI, are concerned that the Government wishes to publish the Bill after the local and European elections because it will not contain a rights-based approach. This is yet another cynical move on the Government's part. There...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: I move amendment No. 1: In page 3, subsection (1), line 22, after "1997" to insert ", the text of which in the English language is set out for convenience of reference in Schedule 1 to this Act". I would like to hear the Minister of State's comments on this amendment.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: Given the Minister of State's comments, would it not be proper to schedule the full protocol and convention even if we are only implementing parts of them? Also, what are the future plans for implementation of the other parts of the protocol and the convention?

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: I move amendment No. 6: In page 4, line 20, after "passing" to insert ", unless the High Court on the application of the sentenced person concerned determines that it would be unjust for this Act to apply to that person". I am not sure those amendments should be grouped because they appear quite different. I do not see the need to group them. The reason for this amendment is that the Bill...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: Yes.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: I would like a further response from the Minister of State. While I understand what the Minister of State said, so far as I am aware the court will have no jurisdiction in regard to legislation applying retrospectively. The Minister of State mentioned due process and fair procedures but that is not the issue. The issue is whether the court would have jurisdiction in making a determination...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: Yes.