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Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 4:In page 6, line 14, to delete “Act, shall” and substitute “Act shall,”. As the Chairman said, these are all technical amendments. For instance, one is for a misplaced comma. Another removes replication of the words "to have". I do not think there is anything controversial about any of them.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 6:In page 8, line 14, to delete “generally.” and substitute the following:“generally,(e) to make recommendations regarding the sentence management of prisoners and transfers to an open prison.”.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 7:In page 8, line 22, after “Courts” to insert “or is a practicing academic, barrister or solicitor of at least 10 years standing”. Amendment No. 7 proposes to expand the qualifications of an individual who can become chairman of the new parole board. In the original draft, it was limited to somebody who was a judge or retired judge. The...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: Deputy Mick Wallace has an amendment about the member of the board from the Garda. I had originally indicated that it should be a current or retired member of An Garda Síochána but Deputy Wallace suggests we take out the term "or retired". I think it might be better to have a retired garda as opposed to a current garda on the board. I would think a current garda should be out...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I tabled the amendment along with the Deputy.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: While I was listening to the contributions I looked at section 8 again. In fairness to me, I thought it was quite well drafted. I accept the Tánaiste's point about the nomination from the Probation Service. As a result, I will withdraw amendment No. 18. It is inappropriate, as I have suggested, to try to get around that by getting the Irish Prison Service to nominate the person....

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: If we delegate everything away from politicians will never be able to hold any politician to account. It is useful to have a mix so we do not say it has nothing to do with us because the Public Appointments Service came up with the person. Deputies Wallace and Daly know I have the greatest respect for them, but we should stick with what I have with several of the amendments. As I have...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: No. I have nothing more to say.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 11:In page 8, line 35, to delete "to have".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 12:In page 8, line 36, after "offenders;" to insert the following"or(iii) to be representative of the community in general.".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: It is going well.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 14:In page 8, line 37, to delete "4 members" where it firstly occurs and substitute "6 members".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 15:In page 8, line 37, to delete "4 members" where it secondly occurs and substitute "6 members".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 20:In page 9, line 20, to delete "and".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 22:In page 10, line 9, to delete "for" and substitute "from".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 23:In page 10, lines 10 and 11, to delete "is adjudged bankrupt or makes a composition or arrangement with creditors or". This is in response to a proposal made, either by the Chairman or Deputy Jonathan O'Brien, at the pre-legislative scrutiny stage where a criticism was legitimately made of why somebody who is adjudicated a bankrupt should be disqualified from serving...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: It is right that the chairperson must comply with the principles of impartiality. My only concern is that by inserting the provision and limiting it to "when appointing panel convenors to a review or hearing", it might suggest the chairperson would not have to comply with the principles of impartiality in dealing with other issues. It is implicit throughout the Bill that anyone in the role...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 25:In page 11, line 17, to delete “sitting;” and substitute “sitting,”.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I agree with amendment No. 28 tabled by Deputy Mick Wallace. The decision should be signed and dated as it is a formal decision. Regarding amendment No. 29 also tabled by Deputy Mick Wallace, I note the point made by Deputy Jonathan O'Brien, but it would be worthwhile having something in the Bill to put the onus on the parole board to provide a decision within a reasonable timeframe or as...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: Let it go to Report Stage.

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