Results 1,041-1,060 of 7,652 for speaker:Joanna Tuffy

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Report and Final Stages. (23 Mar 2006)

Joanna Tuffy: I second the amendment. It is unusual that the section allows for the prosecutor to appeal the dismissal of proceedings. I do not know whether this provision is in other legislation but I have not seen it previously. However, I am sure that I have seen similar wording to "an appeal to the High Court on a point of law" in other legislation brought to the House by the Government. Why can these...

Seanad: Sea-Fisheries and Maritime Jurisdiction Bill 2005: Report and Final Stages. (23 Mar 2006)

Joanna Tuffy: I thank the Minister and his staff. I am not as familiar with the debate as the other spokespersons, I am not my party's spokesperson and I came to the debate quite late. I am concerned that this legislation is stricter than that of other countries but I welcome the Minister's commitment to engage in dialogue with the industry. The legislation should be monitored and reviewed if necessary.

Seanad: Order of Business. (28 Mar 2006)

Joanna Tuffy: I join with Senator Brian Hayes in raising the shoot-out on the M50 and N4 near Lucan, which is in my constituency. I am seriously concerned at the incident. Last night I attended a public meeting at which I was approached by a constituent who told me that she feared for the future, wondering what kind of place it would be to raise children. That is the feeling on the ground; people are...

Seanad: School Meals Programme. (29 Mar 2006)

Joanna Tuffy: The matter I raise is self-explanatory and I will not add much except to say that I support the call for the extension of the school meals programme to more schools and pupils and for more funding for the programme. There should also be particular emphasis on healthy eating for the children involved. I look forward to hearing the Minister's response.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 3: In page 16, subsection (1)(b)(II), lines 8 and 9, after "torture" to insert "or to inhuman or degrading treatment or punishment". The definition of "torture" in Irish law is fairly narrow and the Minister is proposing to narrow it even further in the Criminal Justice (Mutual Assistance) Bill. His proposed amendment to the definition is not appropriate and I ask him to...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: What is the Minister's response to my point that his definition is too narrow?

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I will withdraw it on the basis of the Minister's reply.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 6: In page 19, subsection (1)(e), line 33, after "request" to insert "and (f) an account held by another person in any other circumstances on behalf of, or representing in whole or in part the property of, the first-mentioned person;". We wish to make it clear that accounts are covered whether they are held by a person or someone else on his or her behalf. The existing...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I will withdraw the amendment on that basis.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 12: In page 22, between lines 13 and 14, to insert the following new subsection: "(2) An application under this section shall be heard otherwise than in public.". This amendment provides that these applications, given their nature, should be heard in private. What is the Minister's response?

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 13: In page 22, subsection (5), line 40, to delete paragraph (a). The reason we seek the deletion of this paragraph is that we believe it has an illogical effect.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 15: In page 23, subsection (6), line 2, after "in" to insert "the State, or, in the case of a financial institution in the State, is not in". We believe the section as drafted is defective in that it presupposes that an institution to which an order relates will be in the State, which is not necessarily the case.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 17: In page 25, subsection (3)(a), line 27, to delete "an" and substitute "there are reasonable grounds for believing that an". It would be difficult for an Irish District Court judge to be satisfied that an offence abroad has been committed. The use of "reasonable grounds" would be a more realistic test.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 19: In page 30, lines 24 to 29, to delete paragraph (4). We believe the provision as it stands is of dubious constitutionality. It allows the Minister to change the law by the executive act of making a declaration. The Minister should provide for a more constitutional way of achieving his objective.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I have similar concerns to Senator Cummins. While my amendments are slightly different, they propose to address the same issues. On Second Stage, I raised my concerns about these sections which I propose to amend. On amendment No. 22, I believe the section is flawed in that it does not limit the purposes for which the information can be used pending the Minister's decision. As I pointed out...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I also thank the Minister for agreeing to examine the issues raised before Report Stage. He is protective of our legal system in other fora and my concern is that powers will be provided to other states that may apply a different set of standards than Ireland in dealing with legal issues. This legislation could give them scope to do that. I am all in favour of co-operation with other...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 25: In page 35, between lines 4 and 5, to insert the following new paragraph: "(a) an order under section 2 or 3 of the Proceeds of Crime Act 1996,". We put down this amendment because it is not clear why a proceeds of crime order is not included in the definition of a freezing order. This amendment corrects that.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 28: In page 38, subsection (5), line 40, after "1994" to insert "with any necessary modifications". We believe part of the section, as it stands, is inappropriate. In that regard I refer to section 42(5)(b) which includes the words "with any necessary modifications". As it is included in this section, we believe it is also appropriate to include it in section 33(5) after...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 29: In page 45, subsection (6), line 10, to delete "other than money". The powers in section 42(6) could relate to money. Therefore, we believe there is no reason to provide that they do not apply to money. What is the reasoning behind providing for the confiscation of property "other than money"?

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 30: In page 49, subsection (8), line 28, after "admissible" to insert ", provided that no statement insofar as it consists of or includes a statement controverted by the defendant in proceedings shall be admissible under this section unless the defendant was afforded the opportunity to exercise the rights referred to in subsection (10)(a)". This section purports to make...