Results 9,501-9,520 of 16,849 for speaker:Dermot Ahern

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: It is for the avoidance of doubt.

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: I thank the Deputies for their remarks. I refer to Deputy McGrath's comments on hammering people who create a demand by taking recreational drugs. While I am inclined to agree with him, I do not wish to paint everyone with the same brush. He mentioned several professions.

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: It would be unfair to say that all members of the media or the music profession indulge. However, I agree with his overall sentiment that some people fuel demand and clearly people are filling that gap. It is the job of all of us to ensure that the proper legislation is in place and sufficient resources are given to the Garda, the Defence Forces, the Revenue Commissioners and the Customs...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: The provision "initiating or carrying out the authorised surveillance" is broadly drafted in order to catch every circumstance. If the words, "installing or operating" were to be included, my advice from the Garda Síochána is that this would be somewhat restrictive in operation. I ask the Deputy to agree that the way in which it has been drafted is better from a grammatical and linguistic...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: I move amendment No. 14: In page 7, between lines 37 and 38, to insert the following: "(9) Subject to any conditions imposed by the judge under subsection (5), an authorisation shall have effect both within the district court district to which the judge is assigned and in any other part of the State.".

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: The amendment provides that the application to vary or renew an authorisation should be accompanied by a copy of a written record of approval, a summary of the result of the surveillance and the reason continued surveillance is required. However, section 6 deals with applications to vary or renew authorisations granted under section 5. It does not provide for the renewal of approvals...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: Deputy Flanagan is talking more broadly about the issue of how we address regulation. The provision in subsection 16(3) is the standard one used for all legislation. It states: Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it has been made and, if a resolution annulling the regulation is passed by either such House within the...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: It was the courts that said regulation should not be used, particularly for serious issues. Government and the Legislature have responded to that. I cannot accept the amendment. I believe we should proceed on the basis of what we are doing currently in all legislation. In the context of Dáil reform we may find a better way of looking at regulations. Regulations often deal with fairly...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: Yes, we discussed this on Committee Stage and I brought forward an amendment to subsection (5). The subsection reads, "The Minister may authorise in writing the retention of any of the documents referred to in this section where he or she considers it necessary to do so having regard to .....(d) the interests of justice." That would be the criterion under which the documentation could be...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: I move amendment No. 30: In page 12, line 12, after "The" to insert "relevant". This amendment provides that an authorisation for the retention of documents where it is considered necessary can be made by the relevant Minister rather than the Minister for Justice, Equality and Law Reform. This means, in effect, that Ministers for Justice, Equality and Law Reform, Finance and Defence will...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: I move amendment No. 32: In page 12, between lines 39 and 40, to insert the following: "(3) Notwithstanding section 13, the Minister may make regulations respecting the disclosure or non-disclosure, to the person who was its subject or other persons whose interests are materially affected by it, of the existence of an authorisation or an approval under section 7 or 8, provided that any...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: I have no hard and fast views on it. We are providing for the power to do it. Obviously, we must wait and see how the legislation operates. The intention would be there if it was found necessary. There is no ulterior motive. We are providing for the power in the event of it appearing necessary in certain instances.

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: I move amendment No. 33: In page 13, line 11, to delete "applicant" and substitute the following: "applicant, and any other person whose interests are materially affected by the relevant contravention,". Section 11 provides for complaints procedures where a person who believes he or she might be the subject of an authorisation can apply to the complaints referee. As currently drafted,...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: The Deputy's amendments propose to refer complaints in respect of the Defence Forces and the Revenue Commissioners to the Ombudsman for the Defence Forces and the Office of the Ombudsman, respectively. Concerning complaints made by the public in respect of the Garda, the section already provides that complaints regarding the Garda Síochána are referred by the complaints referee to the...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: I move amendment No. 35: In page 13, to delete line 40 and substitute the following: "(a) notify, under subsection (4)(a), the applicant or the other person, if any, of a conclusion".

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: I move amendment No. 37: In page 14, lines 20 to 21, to delete "The Referee may, on his or her own initiative, also investigate" and substitute the following: "(11) The Referee— (a) may, on his or her own initiative, and (b) shall, where a case has been referred to him or her by the designated judge under section 12(8), investigate". Section 11(11) allows the complaints referee to...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: I move amendment No. 38: In page 14, lines 27 and 28, to delete all words from and including "Interception" in line 27 down to and including "1993;" in line 28 and substitute "Act of 1993;".

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: Section 9 is a technical provision that provides for the retention of materials for three years, or until they are no longer required. I introduced amendments on Committee Stage which we believe will provide additional safeguards with regard to the destruction of this material. The complaints referee and the designated judge have very specific remits within the legislation outside the core...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: What the Deputy is endeavouring to do in these amendments is to extend the functions of the designated judge under this section. A High Court judge is designated to oversee the operation of the Act's provisions and to make regular reports to the Taoiseach on related matters. To give the judge more powers would confuse the situation. The judge's oversight function is distinct from the...

Criminal Justice (Surveillance) Bill 2009: Report and Finals Stages (Resumed) (25 Jun 2009)

Dermot Ahern: To which amendment is the Deputy referring?