Results 13,301-13,320 of 20,459 for speaker:Frances Fitzgerald
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: I move amendment No. 34:In page 5, between lines 36 and 37, to insert the following:"(3) For the purposes of this Part, a conviction of a person by the District Court—(a) which is appealed by the person to the Circuit Court, and (b) is affirmed or varied by the Circuit Court,shall, as so affirmed or varied by the Circuit Court be treated as if it were a conviction imposed by the...
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: I move amendment No. 35:In page 5, to delete lines 37 to 44, and in page 6, to delete lines 1 to 37 and substitute the following:"Convictions which may be regarded as spent in certain circumstances 2. (1) Where a person is convicted of an offence, whether before or after the commencement of this Part, and the conditions specified in subsection (2)are satisfied, then subject to provisions of...
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: The effect of these amendments would be that gardaí could not have regard to a spent conviction in investigating subsequent similar offences by the same person and insurance companies could not keep records of insurance frauds perpetrated by persons whose convictions were spent. Deputy Mathews might want to listen to the following. The section that is sought to be deleted provides that...
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: I take Deputy Wallace's point about the case he cited, but I remind him that after the seven-year period, the conviction to which he referred would come under the category of spent convictions and the woman would be in a different position with regard to the insurance company.
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: Regarding drink driving, the sentence would be a three-year driving ban for a first offence and six years for a second.
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: I do not know how much the insurance companies would welcome this amendment. The Deputies are making the opposite case, namely, that insurance companies still have the potential to know about certain of these offences. I remind the Deputies that the majority of motoring offences fall under this legislation. The period is seven years. All offences in the District Court and multiple other...
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: Yes.
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: It has been delayed for a period, but we have the legislation now and a system of spent convictions. Our system is more progressive than those in many other countries. The Law Reform Commission recommended six months, but we are going for a year. Deputy Pringle argued persuasively about circumstances in which it had been quite some time since the offence was committed. It is possible that...
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: I move amendment No. 50:In page 8, line 44, to delete "Act" and substitute "Part".
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: I move amendment No. 51:In page 9, line 2, to delete "Act" and substitute "Part".
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: I move amendment No. 52:In page 9, line 7, to delete "Act" and substitute "Part".
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: I move amendment No. 53:In page 9, line 16, to delete "Act" and substitute "Part".
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: I move amendment No. 54:In page 9, line 19, to delete "Act" and substitute "Part".
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: No.
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: I have good news in respect of these amendments and the spirit of these amendments in terms of some recent developments. Each of these provisions has merit and I am fully in agreement with the spirit of the amendments. However, I intend to make these provisions outside this Act. I will go through the detail in order that Deputies are aware of the particular issues involved. Obviously,...
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: I imagine the focus will be on the directive at European level. Clearly, it will be a more complex situation when we enter into negotiations with other countries. I take the Deputy's point on other states and the impact on Irish citizens. It is very good that, at least at European level, we have a directive. We also have a vehicle to introduce the legislation I mentioned into Irish law....
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: I move amendment No. 58:In page 9, to delete line 30 and substitute the following:“(a) applies for, seeks or is offered any employment, activity or service specified in Schedule 3(in this section referred to as “specified work”),”.
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: I move amendment No. 59:In page 9, line 32, to delete “relevant work” and substitute “specified work”.
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: I move amendment No. 60:In page 9, line 33, to delete “relevant work” and substitute “specified work”.
- Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)
Frances Fitzgerald: I move amendment No. 61:In page 9, line 37, to delete “relevant work” and substitute “specified work”.