Results 7,481-7,500 of 21,096 for speaker:Charles Flanagan

Written Answers — Department of Justice and Equality: Family Law Cases (5 Jul 2017)

Charles Flanagan: I propose to take Questions Nos. 146 and 147 together. Section 11 of the Guardianship of Infants Act 1964 provides that either parent of a child, whether or not he or she is also a guardian of the child, may apply to court for a direction regarding the custody of a child or the right of access to the child. Section 3 of the 1964 Act provides that the best interests of the child shall be the...

Written Answers — Department of Justice and Equality: Criminal Prosecutions Data (5 Jul 2017)

Charles Flanagan: I am not in a position to supply the information requested by the Deputy. In respect of costs incurred by An Garda Síochána, the manner in which Garda resources, including financial resources, are deployed during an investigation is an operational matter for the Garda Commissioner and her management team and I have no function in this regard. Similarly, under the provisions of the...

Judicial Appointments Commission Bill 2017: Referral to Select Committee (6 Jul 2017)

Charles Flanagan: I move:That the Bill be referred to the Select Committee on Justice and Equality pursuant to Standing Orders 84A(3)(a) and 149(1).

Business of Dáil (6 Jul 2017)

Charles Flanagan: If the House is in agreement we could adjourn now and resume at 2 p.m.

Criminal Justice (Victims of Crime) Bill 2016: Order for Report Stage (6 Jul 2017)

Charles Flanagan: I move: "That Report Stage be taken now."

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 1:In page 5, lines 8 to 10, to delete all words from and including “the” where it firstly occurs in line 8 down to and including “1998;” in line 10 and substitute the following: “the Criminal Justice Act 1951, the Criminal Procedure Act 1967, the Criminal Law (Rape) Act 1981, the Criminal Evidence Act 1992, the Criminal Justice Act...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: Amendment No. 32 is part of the group so the Deputy might like to deal with it.

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: We can come back to Deputy Martin Kenny's amendment when we are discussing that group.

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: Amendment No. 28, in the name of Deputy Johnathan O'Brien, is probably one at which we should look. I can be helpful to the House and regret there are 16 amendments in the one group, but it looks more cumbersome than it actually is. In response to Deputy Clare Daly, we gave consideration to the points raised on Committee Stage. The difference between us is minimal and I hope that in...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 3:In page 7, between lines 34 and 35, to insert the following: " "restorative justice scheme” means any scheme administered for the time being under which, with the consent of each of them, a victim and an offender or alleged offender engage with each other to resolve, with the assistance of an impartial third party, matters arising from the offence or alleged...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: The only difference between my amendment No. 24 and amendment No. 25 is the requirement in section 25(4)(b) that the consent of both parties required for agreement reached as part of the restorative justice process can be admitted to court. I invite Deputy Wallace to agree with me that the consent of all parties is fundamental to the entire process. Looking at these amendments, I agree...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 4:In page 9, line 11, to delete “medical support,”. This amends section 6(1)(a) which provides that a victim shall be offered information on services providing support for victims. On Committee Stage, after much discussion on the matter, an amendment from Deputy Clare Daly was accepted that elaborated on the type of services for which information should be...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I acknowledge what Deputy Daly said but I fear there could be consequences owing to the onerous burden placed on the Garda officer at first contact whereby the provisions of the Bill, unless amended, might not be fully met. The spirit of what we all wish to see happening here is in no way adversely affected, lessened or weakened. That is why I am anxious to have amendment No. 4 accepted....

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: It is the offering of information relating to medical services that could very well pose a difficulty. How would a garda be in a position to provide information to somebody who is quite likely to be a registered patient or client of a designated medical practitioner in the area? In the circumstances, I believe the provision of such information may not be of any benefit to the particular...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 5:In page 9, line 12, to delete "including psychological support services," and substitute "(which may include psychological support services)".

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 6:In page 9, between lines 36 and 37, to insert the following:"(m) restorative justice schemes, where available;".

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 7:In page 10, to delete lines 9 to 11 and substitute the following:"(a) he or she may specify in his or her request whether the information is to be provided orally or in writing, including by electronic means, and (b) he or she shall be provided with such information—(i) as soon as practicable, and (ii) in so far as is practicable, in the manner specified in his...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I refer the Deputy to what I said a moment ago about what might be practical or less than workable in the circumstances. We have to ensure that whatever legislation we pass here can be given practical effect by those who will be engaged by it. Obviously, the victim is of primary concern here but there are, of course, duties that will be placed on the shoulders of members of An Garda...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I return to the point I made earlier. I am concerned that it would have an impractical consequence on the legislation. We gave very careful consideration to the point Deputy Daly raised. However, I believe amendment No. 7 deals with the issues raised on Committee Stage. I would be concerned that going beyond that with an undue obligation or an obligation that, in the circumstances, might...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 9:In page 10, between lines 23 and 24, to insert the following:“(6) Where a member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, decides to exclude a person from accompanying a victim pursuant to subsection (5), the member or officer, as the case may be, shall inform the victim that subsection (4) continues to apply...