Results 10,141-10,160 of 16,849 for speaker:Dermot Ahern

Order of Business (10 Jul 2009)

Dermot Ahern: You are getting the action that you asked for in November but you want to analyse it. You do not want action. You want to pull out.

Order of Business (10 Jul 2009)

Dermot Ahern: You called for action in November. You are now getting. You said you did not want any excuses.

Order of Business (10 Jul 2009)

Dermot Ahern: You are running scared.

Order of Business (10 Jul 2009)

Dermot Ahern: It will go down well in Tallaght.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Dermot Ahern: We discussed this amendment at length last night. Deputy Flanagan acknowledges that this is not the type of opinion evidence normally regarded by lawyers when we speak to the Offences Against the State Act. That opinion evidence goes to the guilt of the person. The reason we cannot accept the amendment on expert evidence on the existence of a gang is because two gardaí could be called,...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Dermot Ahern: It could relate to a number of cases as a garda may not be required to give evidence under this. There may be circumstances where a number of people are arrested in quite obvious circumstances where a gang is acting in concert and this evidence is not required. I suggest to the Deputy that his amendment would give the impression that this is in some way opinion evidence as to the guilt of a...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Dermot Ahern: It would be one of the proofs necessary in order to ground a charge for directing or participation.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Dermot Ahern: On its own-----

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Dermot Ahern: The 133 people who signed the letter did not say that.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Dermot Ahern: Ultimately, it is a matter for An Garda Síochána as to who it believes is the garda with the best direct personal knowledge of the activities of a gang in a particular area.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Dermot Ahern: Generally it would be accepted that it would be at least someone of detective inspector rank but it may well be a sergeant living and working in that area.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Dermot Ahern: Of course. We went back to An Garda Síochána since Tuesday's debate to ask about the rank of the garda in question. We were preparing an amendment in that respect but the Garda were adamant that it would be better to leave it. The rank of the garda is not important but rather the knowledge of the garda in question.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Dermot Ahern: There should be no confusion about this. There is a complete distinction with regard to opinion evidence given as to the guilt of a person. Such evidence goes to the existence of a gang in a particular area and no more than that. In itself, opinion evidence cannot be used convict anyone. As is normally the case, the prosecution must prove that a person participated in or directed the...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Dermot Ahern: The Deputy has run a few canards.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Dermot Ahern: It is easy to read for anyone in the legal profession.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Dermot Ahern: I do not accept that matters will be left wide open. The section only relates to expert evidence members or former members of the Garda may provide as to the existence of a gang. Such evidence will not in any way be capable of being taken as an indication that a person before the court is a member of that gang. It will be part of the overall evidence required to prove the existence of a...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Dermot Ahern: I move amendment No. 4a: In page 9, lines 30 and 31, to delete all words from and including "the member" in line 30 down to and including "subsection" in line 31 and substitute "the appropriate expert".

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Dermot Ahern: I move amendment No. 5a: In page 9, line 32, to delete "member" and substitute "expert".

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Dermot Ahern: I move amendment No. 5b: In page 9, line 35, to delete "member" and substitute "expert".

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (10 Jul 2009)

Dermot Ahern: We need to put all of this in context. I do not suggest there is anyone in the House who does not want to do his or her best to eradicate organised crime from our society. I cannot accept the Deputy's amendment because it cannot stand side by side with what we intend to do. What we are trying to do is to raise the level of seriousness of organised gang crime offences to a similar level as...