Results 11,461-11,480 of 16,849 for speaker:Dermot Ahern

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I responded earlier when the amendment was moved. I made the point, as acknowledged by Senator Bacik, that there was an inequality of position.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: There is a time-honoured filtering mechanism, whereby matters are only referred to the Supreme Court on a point of law of exceptional public importance and where it would be in the public interest that an appeal be taken to it. That filtering mechanism has worked well since 1924. I accept what Senators Bacik and Regan have said about this being a new move in that it will abolish the rule...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: Senator Bacik remarked that she changed her view as she spoke. Equally, I acknowledged to my officials that we would consider restricting it to the court. The amendment is better than the proposal made earlier. We will consider the matter and revert to the Attorney General's office in respect of the more recent proposal.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: If one were to extend the logic of Senator Bacik's argument regarding the arrest of people under this section, no one could be arrested prior to being charged, leaving aside the procedure for a retrial under this legislation. Obviously, the Garda is entitled to arrest someone in accordance with the law to question him or her, or else it would not have the ability to solve crime. Senator...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: My previous remarks may perhaps have clarified the purpose of the section which the Senator proposes to oppose. If we were to agree to delete it, we would be faced with a ludicrous situation where the Garda would not be able to put new and compelling evidence discovered by its members to the acquitted person against whom, subject to judicial authorisation, it might wish to bring a charge....

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: Yes.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: Amendments Nos. 38 and 39 are technical amendments. Amendment No. 38 substitutes subsection (10) for section 17(10). The effect of the substitution is that paragraph (b) of subsection (10) is deleted. Paragraph (b) provides that nothing in this section shall effect any power conferred by law apart from this section in regard to the arrest, detention or transfer of persons in prisons or...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I thank the Senator for that. It concurs with my view.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I thank the Senator for what she said. I had intended to bring forward amendments on Report Stage to refine the scope of this section. Section 23 represents a radical departure in our prosecution appeal system. It is intended to capture the recommendations of the balance in the criminal law group that with prejudice prosecution and right of appeal against acquittals following trial on...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: This amendment inserts a new section to ensure a freezing order imposed by the High Court under section 24 of the Criminal Justice Act 1994 on dealings in property pending the outcome of a trial will in the event of an acquittal remain in place pending the outcome of a with-prejudice prosecution appeal under section 23 of the Bill and any retrial ordered. At present where a person is...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: This amendment inserts a new section to amend the provisions on the admissibility of character evidence of an accused person in the Criminal Justice Act 1924. I will briefly outline the existing law before addressing the amendment as it would aid Members in their understanding of the proposed changes. As the law currently stands, section 1(a) of the 1924 Act provides that an accused shall...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I thank the two Senators for their contributions. We will consider the two slight amendments proposed by Senator Bacik.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: This amendment is based on the recommendations of the review group which examined the question of whether there should be a more general prior disclosure of defence evidence. It rejected the idea of general disclosure but recommended more limited requirement of disclosure of evidence of a technical and special nature. The Government and I accepted this recommendation and the amendment gives...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: This amendment addresses a difficult issue, namely, the requirement of the Garda not only to seek out but also to retain evidence. While being mindful of the inconvenience and loss being suffered by at least some owners of the property involved, I do not claim that this amendment will address all the concerns in this issue but it will bring a measure of relief as well as a degree of...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: We can look at the dates for which the defence must make a response. There is an onus on the prosecution to stick to the 23-day notice, which is pretty stringent. We will look at it on Report Stage.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: Equally, we do not want it to be used as an opportunity to string out trials needlessly.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: This amendment amends the Schedule to the Criminal Justice Act 1951 by inserting a new paragraph that refers to the common law offence of breach of the peace. The Schedule in the 1951 Act lists offences which may be tried either as summary or indictable offences. Section 2 of the 1951 Act sets out the procedure on whether to proceed on indictment or by way of a summary case. The decision...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: The purpose of this amendment is to add three offences of a terrorist nature to the Schedule. The Schedule lists the offences in respect of which the DPP may seek to quash an acquittal and seek a retrial on the basis of new and compelling evidence. The threshold for the inclusion of offences in the Schedule is that a maximum sentence of life imprisonment applies on conviction with the...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: The amendment makes the necessary alterations to the Long Title to reflect the amendments introduced.

Civil Partnership 2009: Order for Second Stage (3 Dec 2009)

Dermot Ahern: I move: "That Second Stage be taken now."