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Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Pat Rabbitte: Deputy O'Donnell wants to know if convictions can be secured in the Special Criminal Court without producing witnesses and the short answer is that it is not possible.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Pat Rabbitte: On that point, the Criminal Justice (Surveillance) Bill is already law; it is now an Act. If it were possible to do what the Minister is suggesting under pressure from Deputy O'Donnell one could do it already. It is dubious in the extreme that one could bring home a conviction before three judges on the basis of not producing any witness. It is remotely possible theoretically that a...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Pat Rabbitte: The point I want to put to the Minister is that nothing will change in the matter of the protection of witnesses as a result of the Bill. Is that not the case? There is no point in us confusing that with the intimidation of jurors. The Irish Human Rights Commission made a submission to the Minister and it stated that in the absence of supporting data it queried a blanket assumption about...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Pat Rabbitte: I agree.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Pat Rabbitte: I heard him say that.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Pat Rabbitte: I heard him say that, but the DPP had the power in that case to refer it to the Special Criminal Court if he so wished.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Pat Rabbitte: The Minister read from a document which he stated was from the Garda Commissioner. Is there any basis on which that document could be made available to the Opposition spokespersons or laid in the Library? We do not operate a privy council system but if there is information contained in that document it may be influential in the debate. Earlier, the Minister stated he proceeded in a certain...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Pat Rabbitte: The director told us a couple of months ago that this could not be done because the hospital is across the road.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Pat Rabbitte: I do not take any great exception to it either. I rang a lawyer today inquiring about jury intimidation and he said he could not hear me because there was noise coming from his bathroom where a plumber was working in the dust. He had a boiler suit on and his face covered and he was worried that this particular section might be used against his plumber but I assured him that I did not think...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Pat Rabbitte: There is some confusion between opinion evidence and expert evidence. I heard what the Minister said earlier. I presume we are talking about an expression of opinion as to the existence of a criminal organisation. In the operation of the Offences against the State Act the Supreme Court was definitive regarding the care to be taken in crafting the decision it handed down in respect of the...

Written Answers — Proposed Legislation: Proposed Legislation (7 Jul 2009)

Pat Rabbitte: Question 50: To ask the Tánaiste and Minister for Enterprise, Trade and Employment when it is intended to publish anti-victimisation legislation, designed to protect those workers who choose to join a trade union and which was promised by March 2009 under the review of Towards 2016; and if she will make a statement on the matter. [27442/09]

Written Answers — Proposed Legislation : Proposed Legislation (7 Jul 2009)

Pat Rabbitte: Question 97: To ask the Tánaiste and Minister for Enterprise, Trade and Employment when it is intended to publish the Employment Agency Regulation Bill which was promised under the review of the Towards 2016; and if she will make a statement on the matter. [27441/09]

Written Answers — Residency Permits: Residency Permits (7 Jul 2009)

Pat Rabbitte: Question 362: To ask the Minister for Justice, Equality and Law Reform the reason a person (details supplied) in Dublin 24, has had their approval for temporary permission to remain in the State accompanied by a cautionary reference to the applicant having been convicted of driving offences when such convictions were annulled; if he will confirm that the record in his Department has been...

Written Answers — Garda Strength: Garda Strength (7 Jul 2009)

Pat Rabbitte: Question 369: To ask the Minister for Justice, Equality and Law Reform the number in each rank of the Garda Síochána who have retired in each of the past three years; the number of promotions to each rank above the rank of garda in each of the past three years; the number of persons recruited to the Garda Síochána in each of the past three years; the net cost to the Exchequer of...

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: Which newspapers are those?

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: I move amendment No. 3: In page 7, line 27, after "person" to insert the following: "or the publication to the second-mentioned person was in the course of the performance of duties of a secretarial nature by the second-mentioned person (being a person whose relationship if any to the first-mentioned person is primarily based on contract) and there were no reasonable grounds to believe that...

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: I move amendment No. 4: In page 10, line 5, to delete ", in particular,". I outlined on Committee Stage why I believed the reference to "in particular" is unduly restrictive. I asked the Minister to excise the reference and I repeat that request.

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: The way things are going, a lot of us might need it.

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: It does not require the apology to be made more quickly.

Defamation Bill 2006 [Seanad]: Report and Final Stages (8 Jul 2009)

Pat Rabbitte: I move amendment No. 7: In page 11, to delete lines 14 to 27 and substitute the following: "(2) In this section— "defence" shall not include a defence under— (a) an enactment, or (b) an act of the institutions of the European Communities; "enactment" has the meaning assigned by section 2(1) of the Interpretation Act 2005; "European Communities" has the same meaning as it has in the...

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