Results 13,281-13,300 of 20,459 for speaker:Frances Fitzgerald

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Order for Report Stage (27 Jan 2016)

Frances Fitzgerald: I move: "That Report Stage be taken now."

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 1:In page 3, line 9, after “time;” to insert the following:“to amend the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Garda Síochána Act 2005;”. The purpose of these amendments is to enable us to use the Bill to amend the National Vetting Bureau (Children and Vulnerable Persons) Act 2012. I also propose...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 2:In page 3, between lines 11 and 12, to insert the following: “PART 1 PRELIMINARY AND GENERALShort title, collective citation, construction and commencement 1. (1) This Act may be cited as the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016. (2) The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and Part 3 may be cited...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 3:In page 3, between lines 11 and 12, to insert the following:“Definition 2.In this Act “Minister” means the Minister for Justice and Equality.”. These are minor drafting amendments that insert the section defining "Minister" and make provision in respect of expenses.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 4:In page 3, between lines 11 and 12, to insert the following:“Expenses 3.The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.”.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 5:In page 3, line 12, to delete “Act” and substitute “Part”. These are minor drafting amendments to have an orderly structure in the Bill. We are creating three Parts to the Bill. The first concerns general and preliminary matters, the second concerns spent convictions, and the third concerns amendments to the National Vetting Bureau Act...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 6:In page 3, lines 23 and 24, to delete “relevant custodial sentence or a relevant non-custodial sentence” and substitute “custodial sentence or a non-custodial sentence”. The amendments are to alter slightly the meaning of the terms "relevant sentence" and "relevant non-custodial sentence" in order to harmonise the wording between the Criminal...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I thank Deputies for their contributions. Different sentences are handed down for offences in the North and the United Kingdom and different regimes are in place for spent convictions. In the United Kingdom, for example, a four-year limit applies to spent convictions but only non-custodial sentences become spent under the UK system. The provisions in the Bill are more generous than the...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 7:In page 3, line 27, to delete "by a court" and substitute "by a court, other than the District Court". The purpose of these amendments is to allow that excluded sentences under the spent convictions regime will not exclude sentences in the District Court. Amendment No. 7 will ensure that on those relatively rare occasions on which the District Court imposes consecutive...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 10:In page 3, line 30, to delete “relevant non-custodial” and substitute “non-custodial”.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 11:In page 4, to delete line 1.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 12:In page 4, lines 2 to 4, to delete all words from and including “ “relevant custodial sentence”, in line 2 down to and including “court” in line 4 and substitute the following:“ “custodial sentence”, in relation to a person convicted of an offence, means any sentence of imprisonment imposed by the District Court...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 28:In page 4, line 31, to delete “relevant non-custodial” and substitute “non-custodial”.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I wish to make a correction in accordance with Standing Order 140. I ask the Leas-Cheann Comhairle to direct the Clerk to make a minor drafting correction to the text of the Bill. Amendment No. 12 removes the word "relevant" from the definition of relevant custodial sentence. As a result, this definition should be moved so that it appears after the definition of court in order to follow...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 30:In page 5, to delete lines 3 to 6. These amendments are the most substantive before us today.I would like to explain in detail the reasons for the changes I am proposing in the Bill and in the National Vetting Bureau (Children and Vulnerable Persons) Act 2012. The Criminal Justice (Spent Convictions) Bill and the commencement of the National Vetting Bureau (Children...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: To reiterate, particularly to Deputy Wallace, we are ensuring the vast majority of offences which come under the legislation, which are motoring and public order offences, even where there are multiple offences, can be considered spent after seven years. We want to increase the number of convictions which can be spent. With regard to the other offences, obviously from the point of view of...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I take the points that have been made. The Government has taken a particular position in respect of serious offences and whether they should be considered spent and in respect of repeat offences. It has made the decision, as I have outlined. One can make the case that has been made by the Deputies in regard to multiple offences. There might be public concern about the idea that multiple...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 31:In page 5, to delete lines 7 and 8 and substitute the following:“ “relevant sentence” means a custodial sentence or a non-custodial sentence or both, as the case may be;”.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 32:In page 5, to delete lines 9 to 16. The term "relevant work" is already used in the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and in this context it means work that comes within the ambit of that Act. To avoid any confusion in language and ensure consistency in the use of terms, these amendments are proposed. "Specified work" means work in...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 33:In page 5, line 25, to delete “Act” and substitute “Part”.