Results 10,981-11,000 of 16,849 for speaker:Dermot Ahern

Written Answers — Closed Circuit Television Systems: Closed Circuit Television Systems (4 Nov 2009)

Dermot Ahern: A Garda "Town Centre" CCTV system has been installed and is operational in Carlow town. It consists of fourteen (14) cameras located at various locations within the town and is linked to Carlow Garda Station. I am informed by the Garda authorities that the cost of installing this system was approximately €450,000.

Written Answers — Garda Stations: Garda Stations (4 Nov 2009)

Dermot Ahern: I am informed by the Garda authorities that additional temporary accommodation provided at Carlow Garda Station in March this year has served to ease the accommodation pressures at the Station. The programme of replacement and refurbishment of Garda accommodation around the country is based on agreed priorities established by An Garda Síochána. The future accommodation needs of Carlow...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: Amendment No. 50 contains my substantive proposals for reform while amendment No. 1 is a consequential amendment. I will therefore focus on the later amendment No. 50. Amendment No. 50 relates to the Criminal Procedure Act 1967 and consists of two parts. The first part contains the definition of "prosecutor" in section 4 of the 1967 Act. It proposes to amend that section by deleting the...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: I thank the Senators. Senator Norris will note that I value very much the input into legislation from the Seanad and I welcome the expertise brought to this Bill, not only from the political parties but also from the Independents, and not only in this area but in other areas as well. The amendment was prompted largely by the DPP's office on the basis that until 1999 there were no time limits...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: I have nothing further to add, other than to note that in respect of Mr. Justice Fennelly's report, I am starting with the baseline of when the defendant first appeared in the District Court. My Department believes and the Office of the Director of Public Prosecutions concurs strongly that the baseline should be when the decision is made to send forward for trial on indictment. It is only...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: I thank Senators for their contributions, and express my thanks to Senator Regan for his remarks on the first amendments that were moved on the basis of the spirit in which we are trying to improve this Bill. To answer the Senator on the issue of character evidence and what he referred to as dropping the shield, Government amendment No. 47 deals with this by inserting the following into the...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: Senator Regan acknowledges that the victims charter contains substantial detail. As I indicated, the charter is being reviewed by the Commission for the Support of Victims of Crime. It is hoped the revised version which will take into account developments at Oireachtas and European Union level will be published in the first quarter of 2010. I do not accept Senator Bacik's view that Garda...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: Again, we will beg to differ. On the point I made, I do not think one could equate amendment No. 50, which is pretty definite and tries to bring clarity to the serving of a book of evidence, with these amendments. On the point I made on whether this could be used by an offender, if he or she had a very busy legal team, he or she could suggest that in fulfilment of the proposed section 7(1)...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: Equally, it makes it more definitive. On the framework decision, compliance with it does not necessitate legislation. One also has to take into account the fact that our legal system is not similar to the type of legal systems on mainland Europe. While we have sympathy with the sentiments of these amendments and I would not want it thought that we would go against any of the suggestions in...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: I understand the Senator's motivation in proposing this amendment. However, the issue he raises needs greater consideration and should be addressed in more appropriate legislation. The laws governing the anonymity of persons in sexual offence cases are very complex, as are the reasons for allowing it. They, therefore, need careful and considered analysis. Furthermore, any proposal...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: I was not suggesting otherwise.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: Again, I ask that this issue not be dealt with on its own in this Bill. There is provision in existing legislation dealing with such crimes as incest whereby the anonymity of the accused is always retained, even where the charge is dropped. This is to protect the relationships of persons involved in the alleged incident. Regarding charges of rape and sexual assault, no details are revealed...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: Yes.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: The Senator proposes that we include a specific reference to offences under the Non-Fatal Offences Against the Person Act 1997 in subsection (1)(b) of the new section 5 proposed to be inserted in the Criminal Justice Act 1993 by section 4 of this Bill. As it stands, section 5 applies to sexual offences, offences involving violence or the threat of violence and offences consisting of attempts...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: I am advised the amendment is not necessary, as it is always recognised that an application can be made on behalf of a person by his or her legal team or a family member. This is not a provision for which I would die in the ditch, so to speak. I suggest the usual formula in such legislation is "by the person" and that the court has inherent discretion to allow a legal representative, an NGO...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: The purpose of the first amendment is to clarify who may make a victim impact statement on behalf of a person with a mental disorder, whether that person is a child or an adult lacking capacity. As subparagraph (II) is currently framed, the person himself or herself, a guardian or a family member may make this statement. The inclusion of guardian with respect to adults lacking capacity...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: The reason for the reference to 14 years of age is because in the Criminal Justice Evidence Act 1992, a distinction is made between children above and below the age of 14 years. We are passing that distinction into the legislation.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: The proposed section 5(3)(b)(iv) provides that where a victim has died as a result of an offence, a family member may make an oral statement as to the affects of the offence concerned on family members. As the Senator indicated the provision does not take into account a situation in which the death of a victim, although resulting from the defendant, occurs sometime after the offence and he...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: Senator Bacik took the words right out of my mouth as this amendment is completely unnecessary and in a way, its acceptance potentially would tie the hands of the presiding judge. The Senator is correct that a controversy arose a number of years ago in which the mother of a deceased boy added additional material that had not been notified to either the prosecution or defence legal...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: It is better to leave it up to the discretion of the judge. The Senator's amendment merely restates the existing law and I do not believe it adds anything in this regard.