Results 761-780 of 9,148 for speaker:Jim O'Callaghan

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

Jim O'Callaghan: I move amendment No. 30:In page 12, line 29, to delete “or”. Section 14 deals with the powers of parole panels. These amendments seek to provide for reports to be obtained from a psychiatrist or other medical practitioner. In the original draft, I had linked psychologist and psychiatrist together but it is safer to link psychiatrist with other medical practitioner. That is...

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

Jim O'Callaghan: I am happy with the answers provided by the Tánaiste.

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

Jim O'Callaghan: I move amendment No. 31:In page 12, line 30, to delete “or psychiatrist,” and substitute the following: “, or (viii) a psychiatrist or other medical practitioner.”.

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

Jim O'Callaghan: Amendment No. 62 suggests that one of the factors that should be taken into account by the parole board when assessing an application is the plea that was made at the time of the trial, whether the convicted person had pleaded guilty or not guilty. The reason I tabled the amendment is that if one is charged with murder, there is no incentive to pleading guilty, because whether one pleads...

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

Jim O'Callaghan: I move amendment No. 33:In page 13, line 2, to delete "parole." and substitute the following:"parole, (c) a parole panel shall have the power to procure from the Courts Service a transcript of the sentencing comments of a Judge in respect of a person seeking parole.”.

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

Jim O'Callaghan: I move amendment No. 35:In page 13, between lines 4 and 5, to insert the following:“(7) A psychologist, psychiatrist or other medical practitioner who prepares a report under subparagraphs (vii)or (viii)* of subsection (5)(a)of this section shall be entitled to seek and receive, for the purpose of preparing such a report, any medical notes on the parole candidate from any of the parole...

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

Jim O'Callaghan: I move amendment No. 37:In page 13, line 25, to delete "proceedings" and substitute "hearing".

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

Jim O'Callaghan: I move amendment No. 38:In page 13, between lines 26 and 27, to insert the following:"(10) Any medical practitioner or psychologist who gives evidence to a parole panel shall be entitled —(a) to give evidence on the medical or psychological condition of the parole candidate, (b) to give evidence on the medical treatment of the parole candidate, (c) to produce treatment notes...

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

Jim O'Callaghan: I move amendment No. 39:In page 13, line 31, to delete "considered, necessary" and substitute "considered necessary,".

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

Jim O'Callaghan: I move amendment No. 40:In page 14, line 14, to delete "proceedings" and substitute "hearing".

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

Jim O'Callaghan: I move amendment No. 41:In page 14, lines 27 and 28, to delete all words from and including "but" in line 27 down to and including line 28 and substitute the following:"and may involve an interview of the parole candidate in accordance with section 14(3)if a panel believes this is appropriate.". This amendment, in my name and that of Deputy Clare Daly, seeks to give a power to a review...

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

Jim O'Callaghan: Deputy Clare Daly is right about the two year issue, which comes up again later on, but if my amendment No. 44 is accepted then-----

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

Jim O'Callaghan: Yes. Subsection (4), to which Deputy Daly referred, would be deleted so the reference to two years would also be deleted. However, the point is valid, when she wants to make it, in both sections 16 and 21.

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

Jim O'Callaghan: If my amendment No. 44 is accepted it will mean that subsection (4) of section 15 would be deleted so there will not be any reference to two years in terms of the decision. It becomes a problem for Deputy Clare Daly again in sections 16 and 21 but in section 15 it will not be an issue because there will not be any reference to two years from the decision to decline. I hope that makes sense....

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

Jim O'Callaghan: On the point that Deputy Wallace made about providing that the legal representative be notified, that is not necessary for a review because a review is an informal process where they just look at papers. If the review does not go well for the prisoner, he or she can request a hearing and that is where the legal representation comes in. In that context, it is beneficial to have Deputy...

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

Jim O'Callaghan: Not necessarily.

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

Jim O'Callaghan: I move amendment No. 44:In page 14, to delete lines 38 to 40.

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

Jim O'Callaghan: The objective behind amendment No. 55 is to set out a statutory provision noting that if the board believes a person will be rehabilitated if granted parole or has been rehabilitated and is capable of re-entering society, it is a ground or one of the principles upon which it should be guided. It is important to set it out. Deputies Daly and Wallace are correct when they say prison is...

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

Jim O'Callaghan: Since I drafted the amendment then I should justify it by having the last word. Section 18 is on guiding principles. Section 18(2) states:The Board shall also be guided by the following principles in the discharge of its functions:(a) the Board shall endeavour to take into consideration all relevant available information, including:(i) the stated reasons and recommendations of the...

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

Jim O'Callaghan: I move amendment No. 55:In page 16, line 23, to delete "victims." and substitute the following:"victims; (d) the Board shall assess the extent to which the person whose parole is being considered has been rehabilitated and would, if granted parole, be capable of reintegrating into society.".