Results 941-960 of 1,591 for speaker:Eugene Regan

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: Senator Leyden is prejudging the Minister.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: As expected.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: I fundamentally disagree with the Minister. I do not understand why we are running the risk of proceeding with this provision or why he is refusing to accede to my amendment. There are many elements which come into play in order to form the opinion that a criminal organisation exists. A person of the rank of chief superintendent can call on all of the resources required, such as the...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: That is how I read the new section 71B(4)(a)(ii), which section 7 inserts into the 2006 Act. The Bills digest provided by the Oireachtas Library - which I find extremely helpful in dealing with matters of this nature - states: While the section does not address the question of an individual's guilt or innocence it does allow the Member to infer from the previous convictions of individuals...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: We have probably exhausted the debate on these amendments, which are similar, but I want to make some brief points. I do not understand the rationale. If the Minister is dealing with proving the specific offence, it is the direct knowledge of the member of the Garda Síochána of that offence that is required, but at issue here is the opinion of the existence of a criminal gang, which is a...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: -----but I notice a distinct parallel with this legislation in regard to the definition of a criminal gang. The Minister said that he takes his advice from the Attorney General. On different occasions in the debate in the Lower House and here he indicated that he would be happy to have the chief superintendent as the designated person to give the opinion of the existence of a criminal gang...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: It is word for word in line with the definition in the New Zealand legislation.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: I have the New Zealand one in front of me.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: It is Google legislation.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: I move amendment No. 3: In page 10, between lines 10 and 11, to insert the following: "(3) A person shall not be convicted of an offence under this Act based on the opinion given under this section in the absence of corroborating evidence, which shall not include evidence given to a Court based on section 9 of this Act.". While it is not provided in this section that one is giving evidence or...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: I am not satisfied with that response and will press this amendment. The evidence of the existence of a criminal gang is premised on the existence of individuals who are involved in crime. The opinion provided by a member of An Garda Síochána could very well prejudice an accusation of an offence against an individual and the position should be crystal clear in the Act. There must be...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: I do not wish to contradict my colleagues on this side of the House, but this is where I part company with them. This goes to the heart of the Bill. The nature of the offences at issue is such that intimidation comes to the fore. My experience of constituents being intimidated is that it is insidious and pernicious and gives rise to a difficult situation. I appreciate that Mr. Justice...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: The Minister is pushing his luck now.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: Very knowledgeable.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: I move amendment No. 8: In page 16, after line 50, to insert the following: "(4) The orders made under subsection (3) shall fall within the terms of a scheme to be proposed by the Minister within 21 days which sets out the nature an extent of any restrictions under this section. In respect of a scheme made under this subsection the Minister shall: (a) cause a draft of the proposed scheme to...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: I will not be pressing the amendment.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: That is correct.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: It should not have been in this list.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: I move amendment No. 12: In page 21, line 20, after "Síochána" to insert the following: "who for the purposes of this section shall be a Garda not below the rank of Sergeant". Part 4 of the Bill deals with detention and re-arrest. The Bill suggests that if at any time during the detention of a person pursuant to this section a member of the Garda Síochána, with reasonable cause, suspects...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Eugene Regan: I move amendment No. 13: In page 21, to delete line 38 and substitute the following: " "(4BA) (a) An application under this subsection shall be made to the Judge of a Circuit Court. (b) Without prejudice to paragraph (b) of this ". This amendment is linked to amendments Nos. 12 and 14 in terms of precautions and safeguards in this area of scheduled offences. It proposes that it would be the...