Results 781-800 of 7,652 for speaker:Joanna Tuffy

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Joanna Tuffy: I move amendment No. 85: In page 37 subsection (4)(a), between lines 43 and 44 to insert the following: "(i) the public where such disclosure is a matter of exceptional and overriding public interest in all the circumstances,". There may be exceptional circumstances where it would be legitimate for a member of the Garda Síochána to bring a wrongdoing to the attention of the public via the...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Joanna Tuffy: Our amendment has the same intention as Senator Cummins's. There should be one key person in the ombudsman commission with a similar role to the Northern Ireland Police Ombudsman. There are many reasons for that. It would be useful for the profile of the office of the ombudsman commission if people had one person they could identify with it and have confidence in. It works very well in the...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Joanna Tuffy: I am concerned about public perception of the commission. Where people can identify one person with an office, they are much more aware of its profile. People know who is the Minister for Justice, Equality and Law Reform and expect certain things of him. To appoint one person only would be very positive from the perspective of the commission's profile. While I am very happy the Minister is...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Joanna Tuffy: Perhaps the reasoning behind it is that if someone runs for European or local elections it will not contaminate his or her role on the ombudsman commission. I do not mean contaminate in the normal sense of the word but the idea appears to be that because the European and local authority elections are more remote, so to speak, they will not damage their role. I am not saying I agree with that....

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Joanna Tuffy: I move amendment No. 94: In page 40, subsection (2), between lines 34 and 35 to insert the following paragraph: "(d) to prosecute summarily members of the Garda Síochána where it decides to do so,". The ombudsman commission should have an independent power of prosecution and should not be dependent on referring all criminal matters to the Director of Public Prosecutions. Otherwise, its...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Joanna Tuffy: I move amendment No. 98: In page 45, subsection (2), lines 3 to 5, to delete paragraph (a). A similar amendment was discussed yesterday in regard to the Garda Commissioner which my colleague, Senator Ryan, withdrew. He took on board what the Minister said. This amendment is in a different category in that it deals with the ombudsman commission. The prohibition on the expression of opinions on...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Joanna Tuffy: I will not press the amendment, although I do not think the ombudsman commission would operate in the way the Minister suggested if that provision were not in place nor, I believe, would the Human Rights Commission get involved in the nitty-gritty of day-to-day politics. However, the commission members should be able to comment on policy that relates to their own operation. The Minister...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Joanna Tuffy: I move amendment No. 99: In page 45, subsection (3), line 22, to delete "has been". We feel the current wording is too broad and that it permanently protects any matter that ever went before a court or tribunal. For that reason, we propose the deletion of the words "has been".

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Joanna Tuffy: I move amendment No. 107: In page 49, subsection (1), lines 19 to 26, to delete all words from and including "Commission—" in line 19 and substitute "Commission by any member of the public". The purpose of this amendment is to allow any member of the public to make a complaint to the ombudsman commission. I feel this would be a better situation and would promote more confidence in the Garda...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Joanna Tuffy: I am concerned that there will be people who will not make a complaint or consent to another person making the complaint on their behalf. However, there may be some other person who wishes to raise the subject of the complaint with the ombudsman commission. How, for example, will a public representative present an issue to the commission if he or she does not have the necessary consent? The...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Joanna Tuffy: I did not propose the amendment. If I did, I would have to declare an interest because I am a solicitor. Is there an appeal or grievance procedure available to people who might be dissatisfied with the handling or outcome of their complaints?

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Joanna Tuffy: Is provision made for an appeal or grievance procedure?

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Joanna Tuffy: I did not mean a court of appeal.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Joanna Tuffy: I move amendment No. 111: In page 58, subsection (1)(b), line 18, after "investigation" to insert "and any interview conducted with a member arrested under this Act shall be subject to procedures which shall be prescribed by the Minister for the video and audio recording of interviews with arrested persons generally". This amendment ensures that the procedures that apply to everyone else...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Joanna Tuffy: I move amendment No. 112: In page 59, subsection (5), lines 8 and 15, to delete all words from and including "but" in line 8. We have tabled this amendment because we do not agree with the exception provided in section 90 and we do not feel there is any logical reason powers under the Offences against the State Act and the Interception of Postal Packets Act should not be available to the...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Joanna Tuffy: I move amendment No. 116: In page 62, subsection (2), line 14, after "concerned," to insert "it may institute criminal proceedings against the member and if it decides not to do so". The Minister rejected a previous amendment in this regard. This amendment proposes that the Garda ombudsman commission should be entitled to prosecute members of the Garda Síochána and should not be dependent...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Joanna Tuffy: I move amendment No. 119: In page 65, between lines 39 and 40, to insert the following subsection: "(2) Protocols adopted pursuant to this section shall be laid before both Houses of the Oireachtas.". This amendment provides for publicity and transparency for protocols under section 100.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Joanna Tuffy: I have concerns with the provision. A major aspect of the Bill is to give people the ability to make a complaint about gardaí. These new powers are given to officers in the locations outlined who are not gardaí. If a person feels his or her rights have been infringed by such officers, what should he or she do? The Bill appears to give substantial powers of search and so on to those...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (15 Dec 2004)

Joanna Tuffy: I too am very concerned about this provision. The Labour Party opposes it and will put forward that opposition on Report Stage. It gives substantial powers to the designated persons, for example, to search and exclude people from a building. It will change the nature of places such as the National Gallery. People in Ireland are not accustomed to this. It exists in the United Kingdom and other...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (15 Dec 2004)

Joanna Tuffy: If one takes the Houses of the Oireachtas as an example, one sees that one could have a situation where a member of staff could be excluded from the Houses by a person from a security firm. I am straying a little, but if it were decided that an outside security firm should be used in the Houses, and some of those involved were designated officers under the section by the head of the Houses,...