Results 661-680 of 16,537 for speaker:Brian Lenihan Jnr

Seanad: Proceeds of Crime (Amendment) Bill 1999: Committee Stage. (30 Nov 2004)

Brian Lenihan Jnr: The amendments suggest adding to the definition of criminal conduct a provision to construe criminal conduct as involving conduct irrespective of whether that conduct has resulted in a criminal conviction under both the Criminal Assets Bureau Act 1996 and the Proceeds of Crime Act 1996. Essentially, the Senator is moving these amendments on the basis of putting a matter beyond doubt or for...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Committee Stage. (30 Nov 2004)

Brian Lenihan Jnr: It is correct to say that the Supreme Court decided in the absence of any expressed provision that the appropriate procedure was by way of plenary summons followed by the exchange of pleadings between the parties. Under the rules of the superior courts, where no expressed procedure is prescribed, all proceedings must be included in that residual category. As no expressed provision was...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Committee Stage. (30 Nov 2004)

Brian Lenihan Jnr: I have perused the judgment of the Supreme Court and in no sense did it suggest any fundamental reason for so deciding other than that the rules of court provide that where no procedure is prescribed the procedure by way of plenary summons applies. The Supreme Court did not suggest there is a fundamental reason we must have the plenary procedure other than that the fact that the rules of...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Committee Stage. (30 Nov 2004)

Brian Lenihan Jnr: This is an important amendment that was referred to on Second Stage last week, when notice was given of inclusion of two additional provisions relating to hearsay evidence in the context of admissibility documents and a corrupt enrichment provision. The hearsay provision is contained in the new section 16A of the principal Act. As outlined on Second Stage, the need for the provision on...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Committee Stage. (30 Nov 2004)

Brian Lenihan Jnr: It was decided not to have a corruption assets bureau and that the Criminal Assets Bureau was the right body for that task. The Senator inquired whether there was any particular conduct that gave rise to what is being proposed here. If one examines the report of the Tribunal of Inquiry into Certain Planning Matters and Payments by Mr. Justice Flood, there was one obvious example of conduct...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Committee Stage. (30 Nov 2004)

Brian Lenihan Jnr: The answer to both points raised by the Senator is "No". Taking them in sequence, I will deal first with the question of the relaxation of the hearsay rule, as proposed by the Minister. The common law developed the rule that evidence is not admissible if the person submitting it is not available in court to give the evidence on oath and be subjected to cross-examination. In general, it is in...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Committee Stage. (30 Nov 2004)

Brian Lenihan Jnr: The provision contained in subsection (3) represents a legislative device to which we often have recourse in legislation where we seek to vary the incidence of proof in accordance with the means of knowledge of the parties to a particular proceeding. It is found in some criminal statutes, mainly statutes relating to summary criminal matters, for example, where the possession of a licence is...

Seanad: Proceeds of Crime (Amendment) Bill 1999: Committee Stage. (30 Nov 2004)

Brian Lenihan Jnr: Senator Tuffy wishes to add to the list of the functions of the Criminal Assets Bureau the function under the Companies Acts 1963 to 2003 for the carrying on of any function exercisable by the Director of Corporate Enforcement. Were the functions of the Criminal Assets Bureau extended to necessary actions under the Companies Acts for the carrying on of any function exercisable by the Director...

Seanad: Decentralisation Programme. (7 Dec 2004)

Brian Lenihan Jnr: I thank Senator Wilson for raising the issue regarding Cavan town and its hinterland. I am pleased to address the House this evening about the Government's decentralisation programme, with particular regard to Cavan. I wish to start by reiterating the Government's full commitment to the decentralisation programme. I assure the Senator that the Office of Public Works, is, as a matter of...

Seanad: Driving Licences. (7 Dec 2004)

Brian Lenihan Jnr: On behalf of the Minister for Transport, the Minister is not aware of the difficulty that may have arisen from the current driver licensing arrangements that apply to former members of the Garda Síochána. The Road Traffic Act 1961 requires that a person must hold a driving licence in order to drive a mechanically propelled vehicle in a public place. In order to obtain a driving licence the...

Seanad: Driving Licences. (7 Dec 2004)

Brian Lenihan Jnr: The Minister would be delighted to address the issue if the Senator adverts to him.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: The Minister when discussing this amendment yesterday afternoon expressed misgivings about a possible scheme of rent subsidies or allowances drawn up by the Minister for the Environment, Heritage and Local Government. There is, of course, a fundamental difficulty with this amendment in that full account has to be taken of the fact that members of the Garda Síochána are free to reside in an...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: I am always amazed by Senators' creativity in terms of amendments tabled in this House and by the amount of time spent trying to deprive Governments and Legislatures of power. Were I to accept the amendment that the Minister secure and allocate any additional resources which are required as a result of his or her actions, I would be asking that he or she not present a Vote to the House,...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: The Minister for Justice, Equality and Law Reform has examined the issues raised in subsection (4) but is not prepared to accept the amendment. In common law, certain matters on which a garda can exercise a discretion relate to his or her position as an officer of the peace and a constable. That common law position has never been altered in this jurisdiction. Each individual member of the...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: I agree with Senator Maurice Hayes that the appropriate context to review this question is in the data protection legislation. The exchange and supply of information goes to the heart of proper policing. In the global village, which our world has become, it is essential that police forces in different jurisdictions exchange information candidly. This is already the practice. Senator Tuffy's...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: I understand the provisions of the Data Protection Act apply to data gathered by the Garda Síochána. The exchange of information goes beyond the question of data to the supply of verbal information.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: The subject matter of these agreements between the Garda Síochána and other police forces concern policing and operational issues. The Minister for Justice, Equality and Law Reform sees no reason they should have to be publicised or require Dáil approval before they enter into force. They are the type of agreement of an administrative or technical character which comes within the meaning...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: I am prepared to examine Senator Maurice Hayes's suggestion. I would be unhappy that an agreement should be subject to parliamentary approval, which is not of a class that I respectfully suggest should be subject to parliamentary approval. I am interested in exploring a route whereby the existence of such an agreement could be disclosed.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: I am glad Senators have welcomed what the Minister has now proposed. During the course of the debate on Second Stage a number of Senators commented on Chapter 4 in this particular context and on the establishment of joint policing committees. What is allowed for now is a two-tiered structure where local policing committees can be established to deal with any issues at a more fundamental...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Brian Lenihan Jnr: It is important to know, as a matter of historical fact, that in the Dublin area, because of the existence of the Dublin Metropolitan Police, they were always called stations and were never colloquially known as barracks, which is the case outside Dublin. In the Dublin area, however, the location of the station has had a crucial influence on the formation of the districts and divisions. The...