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Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (2 Jul 2019)

Charles Flanagan: Senators Norris and McDowell both referred to the situation in Scotland. The amendment in the name of the Independent Senators draws heavily from the Scottish law except that it does not make reference to what appears to me to be an important aspect of the Scottish Act, where it makes quite clear that a portion of the section does not prevent a member of the board, presumably a lay member...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (2 Jul 2019)

Charles Flanagan: What we are doing, which is entirely in keeping with the main function and the main thrust of the Opposition amendments going back over a year, is to effectively hobble the lay members and to create a hierarchy. Senator McDowell said that there are important aspects of this that non-lawyers and non-judges should have no hand, act or part in, thereby creating a hierarchy where there are...

Seanad: Judicial Appointments Commission Bill 2017: Committee Stage (Resumed) (2 Jul 2019)

Charles Flanagan: That is the giveaway, the Senator referred to "people who know what they are talking about."

Parole Bill 2016: Motion to Recommit (3 Jul 2019)

Charles Flanagan: I move:That Dáil Éireann, pursuant to Standing Order 157(1) of the Standing Orders relative to Public Business, directs that the Parole Bill 2016 in whole be recommitted to a Committee of the whole House.

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 1:In page 5, between lines 18 and 19, to insert the following:“ “Act of 1960” means the Criminal Justice Act 1960; “Act of 2001” means the Children Act 2001; “Act of 2005” means the Health and Social Care Professionals Act 2005; “Act of 2006” means the Criminal Law (Insanity) Act 2006; “Act of...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I merely wish to state for the record and I should have opened by saying that this is, in essence, Deputy O'Callaghan's Bill.

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I wish to acknowledge that. The amendments being put forward from the Government side are to assist Deputy O'Callaghan in the matter of clarity and I suggest to the House that Deputy O'Callaghan will be familiar with any Government amendments proposed. I hope that we have not done anything nor said anything that might cut across what is a Private Member's Opposition Bill. That is in the...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 2:In page 5, line 19, after “the” to insert “Parole”.

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 3:In page 5, to delete lines 20 to 24 and substitute the following:“ “chief executive”, in relation to the Board, has the meaning assigned to it by section 18(1); “child”, other than in the definition of family member, means a person who has not attained the age of 18 years; “children detention school” has the meaning it...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 4:In page 5, to delete lines 26 and 27 and substitute the following:“ “parole” means the release from prison pursuant to a parole order of a person serving a term of imprisonment prior to the expiry of that term; “parole applicant” means a person who has made an application for parole; “parolee” means a person who is the...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 5:In page 5, line 28, to delete “shall be construed in accordance with section 22” and substitute “has the meaning assigned to it by section 27(1)”.

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 6:In page 6, to delete lines 1 and 2 and substitute the following:“ “prison” means a place of custody administered by or on behalf of the Minister (other than a Garda Síochána station) and includes— (a) a place provided under section 2 of the Prisons Act 1970, and (b) a place specified under section 3 of the Prisons Act 1972;...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 7:In page 6, between lines 2 and 3, to insert the following:“(2) Subject to section 3, a reference to a victim in this Act shall, where the death of a victim is caused directly by an offence, be construed as a reference to a family member provided that the family member concerned has not been charged with, or is not under investigation for, an offence in connection...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 8:In page 6, between lines 2 and 3, to insert the following:“(3) In this Act— (a) a reference to a person serving a sentence of imprisonment shall be construed as including both— (i) a person upon whom a sentence of detention was imposed by a court when he or she was a child where he or she has been transferred to a prison to serve the remainder of...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 9:In page 6, between lines 2 and 3, to insert the following:“Nomination of family members 3. Where the death of a relevant victim is caused directly by an offence and more than one family member of the victim seeks to make a submission to the Board in accordance with procedures determined under section 14, the Board may— (a) request that the family members...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 10:In page 6, to delete lines 19 to 22.

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 11:In page 6, between lines 22 and 23, to insert the following:“Application of Act5. (1) This Act is without prejudice to—(a) the power of the Minister to give a direction that a person be released from prison for a temporary period under section 2 of the Act of 1960, (b) the power to commute or remit a punishment under section 23 of the Criminal Justice...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 12:In page 7, between lines 3 and 4, to insert the following:“Establishment day6. The Minister shall, by order, appoint a day to be the establishment day for the purposes of this Act.”. These amendments are, by and large, technical in nature. They deal with the setting up of the board. The new section 6 allows the Minister to appoint a day to be the...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 13:In page 7, line 5, to delete “commencement” and substitute “establishment”.

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 14:In page 7, lines 5 and 6, to delete all words from and including “to” in line 5 down to and including line 6 and substitute “which shall be known as An Bord Parúil or, in the English language, the Parole Board,”.

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