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Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: Is this just extending section 25 on foot of the Supreme Court ruling?

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: It may be certified without proof of the signature. Is it just dealing with the signature and with the actual evidence of what marks were there and what harm was caused?

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: The Minister probably accepts that the GP or registered medical practitioner is not required to attend court in 90% of cases. Would the Minister accept that it is unusual for doctors to need to attend court? It is just a question of covering all instances of where attendance may be required.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: I have slight concerns about these provisions. They relate not so much to the later ones, which relate to analysing drugs, for example, but to where a medical practitioner is giving evidence of what he or she saw. In such cases, will there still be an opportunity for the evidence to be tested in the courts and cross-examined? Often, it is only when evidence arises to the effect that there...

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: If there is concern over what was said and what occurred at the time of the examination-----

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: -----may the relevant registered medical practitioner be called?

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: The one who signed off on the certificate.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: I reserve the right to return to this on Report Stage.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: I understand and appreciate it is in the interest of the defendant receiving a fair trial. The Minister said witnesses may not want to give evidence due to fear or intimidation. Is she speaking about members of the Garda?

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: Is this provision only for Special Criminal Court or gangland cases? Could it be in any case?

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: Could it apply to a District Court case?

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: Does it apply to every witness, including Garda, retired Garda and civilian witnesses?

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: Witnesses may be reluctant to give evidence for a number of reasons. The Minister would accept that.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: I am just thinking of a sexual assault or rape case years ago in which there was a conviction. An office I was involved with was contacted the following day by a solicitor from another part of the country who said the witness was totally unreliable. In fact, another judge had said the witness was totally unreliable and a fantasist. As a consequence, the conviction was overturned and a...

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: I reserve the right to return to the subject of amendments Nos. 9, 10 and particularly 11 on Report Stage.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: Would the Minister consider altering the wording to a member "must" direct the person to desist or leave immediately? The current wording gives such people a warning similar to that required by the High Court under section 8 of the Criminal Justice (Public Order) Act 1994 which states "the member may direct the person so suspected to do" to desist or leave immediately. I propose that...

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Pa Daly: There would have to be an actual direction before you could-----

Energy Regulations: Motion (Resumed) [Private Members] (16 Nov 2022)

Pa Daly: I also welcome the distinguished guests. Earlier this week I spoke to the head of the South Kerry Development Partnership about the work it does in the rural social schemes and Tús schemes in south Kerry. I refer here to care of the elderly, social farming, the rural men's officer, DJ Moran, whom it employs, the maintenance of sports fields and support for meals on wheels. It assists...

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