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Written Answers — Prison Committals: Prison Committals (1 Dec 2010)

Dermot Ahern: I can advise the Deputy that on 29 November, 2010 the number of foreign nationals from outside EU member States in custody was 211 of which 192 are male and 19 are females. This represents approximately 4% of the overall prison population for this day. Of the 211 prisoners in custody, 120 are serving sentences, 82 are held on remand/trial and 9 are held on immigration related issues....

Written Answers — Prisoner Releases: Prisoner Releases (1 Dec 2010)

Dermot Ahern: I can advise the Deputy that on 30 November, 2010, there were 4,440 prisoners in custody compared to a bed capacity of 4,430. This represents an occupancy level of 100%. On the same day the number of prisoners on temporary release was 656 which represents approximately 12.4% of the overall prison population for this day. As the Deputy is aware there has been a consistent increase in the...

Written Answers — Sexual Offences: Sexual Offences (1 Dec 2010)

Dermot Ahern: I can advise the Deputy that there are currently 136 sex offenders under the supervision of the Probation Service in the community. Of that number, 46 are subject to post release supervision orders imposed by the courts pursuant to Part 5 of the Sex Offenders Act, 2001. There are a further 157 sex offenders currently in custody who will be subject to supervision by the Probation Service...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: At the Law Society annual dinner in July I announced that I had asked my officials to move on codification of the law on corruption. I repeated this announcement on Second Stage last week or the week before. The Bill was in gestation at the time and well advanced. The sooner it is completed the better. My officials will begin a complete codification of the law on corruption.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: To be brief, it does.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: I thank Senator Norris for his words. I was not here for the Order of Business and if anyone said any nice words about me, I thank them. I am advised that an opinion can be formed on a belief which would encompass actual knowledge of suspicion. Given that an opinion can be formed on a suspicion, the addition of the word "suspicion" is not required and this has been considered by the...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: Senator Mullen is a dab hand at that. Every aspect is dealt with there. It might have been simpler to have generic legislation but the strong view of the then Attorney General and the current one - I recall the debate at Cabinet in that regard - was that this was a better way to proceed.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: Senator Keaveney raises a very interesting issue and she gave me a book, which I have yet to read, relating to corruption in sport.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: Yes. I saw part of the television programme, which was quite damning. This legislation looks to build on existing law and implement the commitment we have on the convention on bribery of foreign public officials in international business transactions. That is what the Bill is about but we have gone further. Senator Bacik would accept that although we are dealing with whistleblowing in...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: I cannot put the matter further than to state that, having discussed this issue with the Parliamentary Counsel, the word "opinion" encompasses actual knowledge or suspicion. I appear to be getting some support for that view from Senator Norris and, to a lesser extent, Senator Mullen. I may have formed the wrong impression of Senator Bacik's contribution and stand open to correction on the...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: I understood the Senator was making such a suggestion. We need to be very careful because a balance must be struck between the right and duty of a whistleblower to come forward and the need to ensure people do not make accusations which traduce the good name of another individual.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: It is for this reason the question of whether the word "opinion" encompasses everything would ultimately be determined by the court on the basis of the level of knowledge of the person concerned. Senator Regan may correct me if I am wrong but is he suggesting that one cannot have a false or misleading suspicion? I believe suspicions can be false or misleading. For this reason, I do not get...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: I hazard a guess that it would be beyond the wit of the Oireachtas to define the word "opinion" in a manner sufficient to allow it to be legally parsed and analysed in a court case. Ultimately, the matter should be left to the courts to decide.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: Yes.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: No, I stated that in the opinion of the Parliamentary Counsel the word "opinion" encompasses suspicion.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: I can look at this again between now and Report Stage but I reiterate we considered this issue. As far as we on this side of the House are concerned, we do not flip-flop and we listen to arguments.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: We do not flip-flop within a short timescale.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: On the basis that-----

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: Perhaps, upon mature reflection.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: Our premise is that "opinion" includes suspicion, actual knowledge or a belief. I would not suggest what is being suggested, namely, that in some way the use of the word "opinion" suggests the person in question must be absolutely certain about the issue he or she is reporting. I do not accept that at all. It is up to the authorities-----

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