Results 6,161-6,180 of 15,268 for speaker:Kathleen Lynch

Seanad: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (30 Jan 2013)

Kathleen Lynch: Basically, the Government is not asking that this be done under this legislation but under the vetting legislation.

Seanad: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (30 Jan 2013)

Kathleen Lynch: We all know people like the person outlined in Senator Cullinane's contribution but the Sinn Féin amendment seeks to remove the two conviction limit from the legislation altogether. The Government has made it clear from the start that the legislation is aimed at the person who makes a mistake, perhaps in his youth, and who now wants to get on with his life. There is no argument there. It...

Seanad: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (30 Jan 2013)

Kathleen Lynch: If the amendment had been drafted differently, it would still have had unintended consequences which we could not possibly allow.

Seanad: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (30 Jan 2013)

Kathleen Lynch: I point out a typographical error in the amendment. The (a) on line 1 of page 4 is superfluous and should be deleted, with the subparagraph renumbered accordingly. In the first instance, the amendment is designed to limit the disclosure required in respect of insurance fraud to convictions relating to such fraud. The Bill, as drafted, would require a person who had been convicted of...

Seanad: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (30 Jan 2013)

Kathleen Lynch: Generally speaking, unless states have reciprocal arrangements for the recognition of spent convictions, they do not recognise spent convictions in their respective jurisdictions. This is done for good reason, namely, that penal systems vary greatly around the world and that which merits a lenient sentence in one country may merit a harsh sentence in another country and vice versa. The...

Seanad: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (30 Jan 2013)

Kathleen Lynch: Amendment No. 26 is being inserted for the avoidance of doubt. It is possible to read section 9(5) as requiring anyone moving between any of two positions with the same employer to disclose any spent conviction, if asked. Instead, what is intended is that this only applies where a person is moving to relevant work, as defined in the Bill, with the same employer. For example, it may be the...

Seanad: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (30 Jan 2013)

Kathleen Lynch: We had this discussion at the start. We cannot control what other countries demand of people who wish to live there and they cannot control what we do. The reason we have differences, in terms of lengths of time and length of convictions covered, is that different jurisdictions treat things differently. An offence in another country, which we may consider very serious, may well be treated...

Seanad: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (30 Jan 2013)

Kathleen Lynch: Amendment No. 28 provides that a person applying for an authorisation as a driving tester must disclose all convictions. The relevant regulations had not been commenced when the Bill was published last May but were commenced recently. Amendments Nos. 29 and 30 are minor drafting amendments to take account of the insertion of new paragraph (b).

Seanad: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (30 Jan 2013)

Kathleen Lynch: Amendment No. 32 corrects a drafting error. The word "not" was omitted in error from paragraph (4) of Part 1 of Schedule 1. The offence under section 3 of the Criminal Law (Sexual Offences) Act 2006 of defilement of a child under the age of 17 provides that where the person over 17 is not more than 24 months older than the person under 17, the person may not be subject to the provision of...

Seanad: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (30 Jan 2013)

Kathleen Lynch: Having listened to the arguments made in the House and by interested parties outside it, the Minister has decided to reduce the maximum relevant or waiting period by two years from seven to five years and to make consequential changes to all other relevant periods so that the minimum time a person must wait before a spent conviction becomes spent will be just two years. I think most people...

Seanad: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (30 Jan 2013)

Kathleen Lynch: I believe that the Minister has moved significantly, especially with regard to the waiting period. If we were to go along with the recommendation of the Law Reform Commission, a body for which I have a great deal of time and respect, the waiting period would be longer. The Minister has moved significantly on this and, as Senator Bradford said, this legislation is not set in stone. The...

Seanad: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (30 Jan 2013)

Kathleen Lynch: Amendment No. 35 replaces Schedule 3, as Parts 1 and 2 of that Schedule are redundant with the linking of the Bill to the National Vetting Bureau (Children and Vulnerable Persons) Bill 2012, as per amendment No. 19. Part 3 of Schedule 3 has been amended to provide for membership of the Reserve Defence Forces and the Garda Reserve, which are not covered by the references to employment in the...

Seanad: Adjournment Matters: Courts Service Review (30 Jan 2013)

Kathleen Lynch: The Minister for Justice and Equality, Deputy Shatter, is unable to be here today and has asked me to convey his thanks to the Senator for raising the matter. The Minister appreciates the concern of people, especially legal practitioners, in relation to closure of smaller court venues. However, under the provisions of the Courts Service Act 1998, management of courts is the responsibility of...

Seanad: Adjournment Matters: Child Pornography (30 Jan 2013)

Kathleen Lynch: The Senator worked closely with the current Minister and I am glad that she recognises his commitment and that he is not someone who is easily swayed, regardless of the lobby group involved. On the Minister's behalf, I thank the Senator for raising this most important and sensitive matter. He recalls a useful debate in the House almost one year ago when the Senator last raised this topic....

Seanad: Adjournment Matters: Child Pornography (30 Jan 2013)

Kathleen Lynch: It would be too much.

Seanad: Adjournment Matters: Child Pornography (30 Jan 2013)

Kathleen Lynch: I will be brief. There is no disagreement on this issue. Even if some disagree, they would not have the courage to argue in public. We need to do something as quickly as possible. Unfortunately, we must go through a process. The Minister is as committed to this matter as the Senator.

Seanad: Adjournment Matters: Garda Station Closures (30 Jan 2013)

Kathleen Lynch: On behalf of the Minister I would like to again express our deep sadness at the brutal murder of Detective Garda Adrian Donohoe. It is an opportunity also to express our deep gratitude to the Garda Síochána. It is only when a tragic event like this occurs that we realise the difficulties they face and the risks they take on our behalf every day. This was unusual but nevertheless the...

Seanad: Adjournment Matters: Garda Station Closures (30 Jan 2013)

Kathleen Lynch: Policing has changed and good police work has changed dramatically and significantly, and for the better. To say it has not does a disservice to the Garda. The mechanisms by which the force gathers information have changed and the service cannot continue as it is without taking a serious look at how best to use a talented and well trained police force. There will be difficulties and it is...

Written Answers — Department of Health: Hospice Services (31 Jan 2013)

Kathleen Lynch: As this is a service matter it has been referred to the Health Service Executive for direct reply.

Written Answers — Department of Health: Mental Health Services (31 Jan 2013)

Kathleen Lynch: A Vision for Change sets out a comprehensive framework for the development of all mental health services and recommends a move away from the traditional institutional based model of care to a patient-centred, flexible and community based mental health service, where need for hospital admission is greatly reduced, while still providing in-patient care when appropriate. This Government has...