Results 17,101-17,120 of 21,096 for speaker:Charles Flanagan

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 35:In page 16, between lines 22 and 23, to insert the following:"Notification by Irish Prison Service of eligibility for parole 25.(1) The Irish Prison Service shall notify the Board in writing at intervals of not more than one year of the persons serving sentences of imprisonment who—(a) are eligible for parole, whether for the first time or not, or (b) to the...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 36:In page 16, between lines 22 and 23, to insert the following:"Application for parole 26.(1) Where a person is eligible for parole, or is scheduled to become so eligible, whether for the first time or not, the Board shall notify the person in writing—(a) of the date on which he or she became or shall become, as the case may be, so eligible, and (b) that he or...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 37:In page 16, between lines 22 and 23, to insert the following:"Decision on parole 27.(1) Subject to subsection (3), the Board may make an order that the parole applicant be released on parole (in this Act referred to as a "parole order"), where it is satisfied that—(a) the parole applicant—(i) would not, upon being released, present an undue risk to the...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: Amendment No. 37 is the decision on parole. It sets out the criteria the board must consider when making a decision. As Deputy O'Callaghan has said, the amendment retains the principles in the Bill in its current form which are themselves similar to the criteria used to make decisions with regard to temporary release. There are essentially three criteria to be met in respect of parole....

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 38:In page 16, between lines 22 and 23, to insert the following:“Parole order 28. (1) A parole order shall—(a) be in writing, (b) specify the person to whom it relates, (c) direct that the person shall be released on parole on or before such date as may be specified in the order, which date shall be not more than 18 months from the date of the making of...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 39:In page 16, between lines 22 and 23, to insert the following:“Compliance by relevant governor with parole order 29. Where a parolee is detained in a prison, the relevant governor shall comply with the parole order, and shall make and keep a record in writing of the order.”.

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 40:In page 16, between lines 22 and 23, to insert the following:“Refusal of application for parole 30. (1) A decision of the Board to refuse an application for parole shall—(a) be in writing, (b) specify a date, not later than 2 years after the date of the making of the decision, on which the person to whom the decision relates shall become eligible again...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 41:In page 16, between lines 22 and 23, to insert the following:“Variation of parole order 31. (1) The Board may at any time, of its own motion or on application in that behalf by a person specified in subsection (2), vary—(a) a condition attaching to a parole order, whether by the alteration, addition or revocation of a condition, or (b) where the parolee...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 42:In page 16, between lines 22 and 23, to insert the following:“Specification of condition attaching to parole order 32. (1) Where the Board specifies a condition to which all parolees, or a specified class of parolees, shall be subject pursuant to procedures determined in accordance withsection 14(1)(i) the Board shall, as soon as practicable after so specifying...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 43:In page 16, between lines 22 and 23, to insert the following:“Revocation of parole order 33. (1) The Board may at any time, of its own motion or on application in that behalf by a person specified in subsection (2), revoke a parole order where it is satisfied that—(a) the parolee who is the subject of the order—(i) poses an undue risk to the...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: There will be a need for a criminal offence provision in order to facilitate a power of arrest when needed. There may be circumstances when this would be required very quickly and there would not be time for a court hearing; a process that might be lengthy. This amendment is similar to a breach of a condition in respect of other forms of release. A condition of temporary release, for...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: There will be an opportunity for the parolee in question to make a submission. Not every breach would result in an arrest but there will be a requirement and the Garda would need such a power, in certain circumstances. There will not always be a prosecution. The important point is the protection of victims. There would be an opportunity for the parolee to make a submission on the nature...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 44:In page 16, between lines 22 and 23, to insert the following:“Persons unlawfully at large 34.(1) A person who, by reason of having been released on parole, is at large shall be deemed to be unlawfully at large if-(a) a condition to which his or her release was made subject has been broken, or (b) his or her parole order is revoked and he or she fails to return...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 45:In page 16, between lines 22 and 23, to insert the following:“Arrest of person unlawfully at large 35.A member of the Garda Síochána may arrest without warrant a person whom he or she suspects to be unlawfully at large and may take such person to the place in which he or she is required in accordance with law to be detained.”.

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 46:In page 16, between lines 22 and 23, to insert the following:“Consideration of revocation of parole order of person unlawfully at large 36.(1) Where a person has been arrested under section 35, the Irish Prison Service shall notify the Board of the person’s arrest as soon as practicable thereafter. (2) Where the Board is notified under subsection (1)of...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I contend the amendment is unnecessary and I am not inclined to accept it. As the Deputy Connolly, the amendment suggests that the information provided to the applicant must be clear and accessible. Of course, everybody will agree that the information should be clear but I am satisfied that information the board provides would, in any event, be clear. A difficulty I have is that the use of...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I do not dispute what the Deputy said in respect of the report to which she referred. I merely make two points. First, it would be incumbent on the parole board to ensure it deals with applications in a way that is understood by the applicant and, second, the applicant has at his or her disposal access to legal representation and legal advice. I reiterate that inserting such terms as...

Parole Bill 2016: Report Stage (Resumed) (3 Jul 2019)

Charles Flanagan: I am not inclined to accept amendment No. 48, although I have listened carefully to what the Deputy said. The import of the proposal is that the board take into account the continuing affect of an offence on a victim and the likely impact on a victim of a person being granted parole. I share the Deputy's concern. I also share his sympathy for families of murder victims because of the...

Parole Bill 2016: Report Stage (Resumed) (3 Jul 2019)

Charles Flanagan: I have listened carefully to what the Deputy has had to say. There is not much between us in ensuring the voice of the victim will be heard. In that regard, there will be clear obligations on the board to satisfy itself that it is appropriate in all of the circumstances that the prisoner be granted parole.

Parole Bill 2016: Report Stage (Resumed) (3 Jul 2019)

Charles Flanagan: It is not an unreasonable point, but there are areas of the Bill where these issues are covered. I regard the proposal as being less than necessary.