Results 8,861-8,880 of 15,638 for speaker:Helen McEntee

Criminal Justice (Miscellaneous Provisions) Bill 2022: From the Seanad (12 Jul 2023)

Helen McEntee: These amendments provide for further enhancements to the stalking and harassment measures in the Bill. Amendment Nos. 8 and 10 complement the provisions around non-contact orders which may be imposed as a result of a conviction for stalking and harassment offences. They will ensure that such orders are properly notified and provided in writing to the relevant parties, including the alleged...

Criminal Justice (Miscellaneous Provisions) Bill 2022: From the Seanad (12 Jul 2023)

Helen McEntee: I was listening and just want to clarify a point. The victim can obviously waive their right to anonymity and that then applies to the person in question that there is not a restriction on naming who they are. Also if the victim is going directly to the judge-----

Criminal Justice (Miscellaneous Provisions) Bill 2022: From the Seanad (12 Jul 2023)

Helen McEntee: As is the case generally, it is that they make their views known to the judge and the judge then makes that decision and allows that to apply. The person can obviously make that decision and it is not for the judge to apply that. In terms of access to the court, if it is required on a quick basis, there is the ex parteapproach that An Garda Síochána can apply on their behalf and...

Criminal Justice (Miscellaneous Provisions) Bill 2022: From the Seanad (12 Jul 2023)

Helen McEntee: Again, I acknowledge this issue was raised when we were processing Coco's Law. I appreciate it takes time but I am absolutely confident this will enhance that Bill.

Criminal Justice (Miscellaneous Provisions) Bill 2022: From the Seanad (12 Jul 2023)

Helen McEntee: We got there, as is generally the case but it is a welcome addition for anybody who is in this situation.

Criminal Justice (Miscellaneous Provisions) Bill 2022: From the Seanad (12 Jul 2023)

Helen McEntee: Provision was made in section 14C(2) of the Criminal Evidence Act 1992 that where a person is accused of a sexual offence and the alleged adult victim is to give evidence, the court may direct that the accused may not personally cross-examine the witness unless the court is of the opinion that the interests of justice require it. This amendment essentially broadens the scope of this...

Criminal Justice (Miscellaneous Provisions) Bill 2022: From the Seanad (12 Jul 2023)

Helen McEntee: This amendment increases the maximum penalty for assault on gardaí and other peace officers from seven years to 12 years. We are all conscious of the dedication and commitment of our front-line workers and the risks they take in the course of their duties. Any police force, but an unarmed force in particular, depends on absolute respect for the safety of its officers. We cannot...

Criminal Justice (Miscellaneous Provisions) Bill 2022: From the Seanad (12 Jul 2023)

Helen McEntee: The Deputy is right that this is not a panacea. This will not deal with or respond to all incidents. We need to try to support the Garda. Going back to our conversation last night, it is about making sure the Garda has the necessary resources, numbers and technology, particularly making sure gardaí have body-worn cameras. It has been shown in other jurisdictions where they have been...

Criminal Justice (Miscellaneous Provisions) Bill 2022: From the Seanad (12 Jul 2023)

Helen McEntee: The Mental Health Review Board, MHRB, is a quasi-judicial body responsible for the review of the detention of patients in the Central Mental Hospital. Currently, paragraph 1 of Schedule 1 of the Criminal Law (Insanity) Act 2006 outlines the requirements of the membership of the board. There must be a chairperson and such number of ordinary members as determined by the Minister in...

Criminal Justice (Miscellaneous Provisions) Bill 2022: From the Seanad (12 Jul 2023)

Helen McEntee: These amendments correct certain drafting and cross-referencing issues in the Communications (Retention of Data) Act 2011 arising from the amending Act in this area, which was passed last year. I draw attention in particular to the amendments to subsections 77(e), (f), (j) and (k) of the Bill relating to applications to a judge. Under the 2011 Act, as amended, applications for data must be...

Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (12 Jul 2023)

Helen McEntee: Am I taking amendments Nos. 1 to 4, inclusive, together? They are related.

Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (12 Jul 2023)

Helen McEntee: They are all connected and one is consequential on the other so I will address them together, if that is okay. Essentially, this section allows An Garda Síochána to undertake focused monitoring, particularly through the use of automatic number plate recognition, ANPR. For example, if An Garda Síochána felt a particular person with a particular car needed to be monitored,...

Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (12 Jul 2023)

Helen McEntee: To clarify, section 17(1) includes a section 17(1)(a) and a section 17(1)(b), the latter of which reads "has been authorised by a judge of the District Court under section 18." Section 18 states: "If an approval under section 17 has been granted and a member of the Garda Síochána not below the rank of superintendent believes that focussed monitoring of the vehicle concerned for...

Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (12 Jul 2023)

Helen McEntee: Section 17 relates to utilising ANPR. That is why it says "or" before referring to section 18. I assure the Deputy that this "or" applies only up to three months. Anything beyond three months must go to the District Court.

Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (12 Jul 2023)

Helen McEntee: That is, perhaps, not the example to use, but any arrestable offence, yes.

Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (12 Jul 2023)

Helen McEntee: I will speak on the oversight, because obviously what the Deputy is trying to suggest is there would be oversight of the District Court judge by the Circuit Court judge in this instance.

Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (12 Jul 2023)

Helen McEntee: What I can say is that, each year, a High Court judge will have to report to the Taoiseach on the operation of a number of sections, but in particular where we have this focused monitoring. That judge would have to look at how this has been applied and where it has been approved. Certainly, if there is anything that arises where it potentially has been abused or not applied in the right...

Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (12 Jul 2023)

Helen McEntee: I will address Deputy Pringle initially as he outlined where the Bill said that the Commissioner shall consult. He then outlined all of the various different bodies and he, perhaps, conveniently stopped then by saying "and so forth" because section (d) states: (d) shall ensure that the draft code of practice is published on the website of the Garda Síochána in order to allow...

Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (12 Jul 2023)

Helen McEntee: I suppose because we are talking about a public consultation and public information campaign, I generally believe that the public consultation piece is already addressing this Bill. It very clearly set out in section (d) that this applies to all persons. Perhaps this Bill probably still has a way to go and I can discuss further with the Deputies how can we can ensure that there is public...

Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (12 Jul 2023)

Helen McEntee: I appreciate what the Deputies are saying. The public consultation is captured in this. When we are talking about codes of practice, we are talking about the technicalities of implementing a new procedure, and the development and roll-out of body-worn cameras. Any person who has an interest in this will be following the development of this legislation. Once this is enacted, the next steps...