Results 9,801-9,820 of 16,849 for speaker:Dermot Ahern

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: One cannot do so but because of the passing of the surveillance legislation, it obviates the necessity for witnesses in some cases. The combination of the surveillance legislation and this Bill will give the Garda Síochána far greater powers than it had heretofore in respect of criminal gangs. The problem since 2006 has been how to establish the existence of a criminal gang. This is what...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: There is no provision in this legislation for opinion evidence of the chief superintendent. Of course it would be possible for them to convict on the basis of surveillance evidence if in their opinion it was substantial enough to pass the burden of proof of beyond all reasonable doubt. There may be no civilian witnesses required.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: With regard to juries in Limerick, we have heard the testimony of the two Deputies on their experience in this respect. Court officials from Limerick are on record as stating there is a tacit understanding that there is no point in having gangland jury trials in Limerick. I have seen suggestions on alternative methods. We have asked the Garda Síochána about them and the Garda...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: At no stage did I say the legislation would obviate the necessity for witnesses in the Special Criminal Court. It is theoretical, but highly unlikely that there will be a need for witnesses-----

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: -----but what the surveillance legislation will do is lessen, in certain but not all circumstances, the necessity for civilian witnesses to be brought forward. We can never say we will be able to prove any case beyond a reasonable doubt in any court, whether a jury or non-jury case, if we do not have the required evidence and standard of proof. Normally, that is done by people giving...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: People were interfered with in such a way that they had acted out of a sense of duty and complained and investigations are now ongoing for a number of recent cases.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: Yes. I will go back to the central point. I and the Government believe it is necessary for the Houses of the Oireachtas to give a strong statement that the two offences of directing and participation in organised gangs go to the core of the attack by certain individuals on our society and that we should treat those offences with that gravity and send a strong signal that these offences...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: To what section is the Deputy referring?

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: The 2006 Act had a convoluted requirement from an evidential point of view to prove participation. What we have decided to do, as a result of the fact that few or no charges had been proffered under section 70, is to look again at the proofs that would be required with regard to participation. It must also be remembered that we have added an additional offence of directing a criminal...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: Yes, but it is a combination of everything. We are also including the issue of expert evidence of the existence of a gang, witness evidence and, now with the passing of the surveillance legislation, if it is used properly, the ability to use that evidence in court. This will make the proof of participation and the proof of directing a criminal organisation a lot easier.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: I will do my level best not to stray off the point. I realise the Deputy went all over the shop on this section.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: The section seeks to prosecute those who control and organise the activities of criminal organisations but who are not necessarily directly involved in the commission of a particular offence. It does not address a whole new area of law. Similar provisions have worked very well in combating illegal organisations under the Offences against the State Act. The definition of directing such...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: That document formed part of the Cabinet discussions and considerations; it was part of the brief and I referred to the conclusion of that document. The strong and hard evidence from the Garda is that in Limerick and other areas there has been intimidation of jurors. This has been confirmed by such people as the Limerick State solicitor who has indicated in recent years there is hard...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: The Deputy is all right.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: On the issue of mobile phones, I have answered parliamentary questions about the use of mobile phones in prisons. It would be wrong to say that many offences are organised from within prisons but this is not to say it has not happened. I can assure the Deputy that the prison service has installed the most sophisticated X-ray equipment in every prison and it has had an effect. Many of the...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: The difficulty is with regard to Portlaoise and also to Mountjoy and the proximity of hospitals. They have been endeavouring to get around that problem and have had some success. Mountjoy is a particular problem; Portlaoise is not. The inhibition system is being extended into the new C block at Portlaoise and also to the nearby segregation unit. A contract to provide an inhibition system...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: It is not for me to decide what legislation is used. The Oireachtas provides the legislation and it is up to the Director of Public Prosecutions, based on the evidence in each individual case, to decide on how to direct charges against people and under which legislative provisions. On the question about the intimidation of prison staff, our prison staff are very professional and to the...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: I move amendment No. 2: In page 8, to delete lines 16 to 50 and in page 9, to delete lines 1 to 17 and substitute the following: "(a) involved either— (i) the possession by the defendant, whilst in the presence of one or more other persons, of any article or item referred to in the Table to this section, or (ii) there being present in (or, in the case of a false registration plate referred...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: Yes, it will be in the form of a table.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: It confirms my view.