Results 17,161-17,180 of 21,096 for speaker:Charles Flanagan

Seanad: Coroners (Amendment) Bill 2018: Report and Final Stages (3 Jul 2019)

Charles Flanagan: I acknowledge that these changes have been a long time in the making. I ask Senators to understand that the issues are quite complex. I am pleased that we have arrived at a decision and, as a result, Opposition Senators have agreed to enact the legislation. The changes we have made have to go back to the Dáil for approval. I do not expect that this will take too long. I expect the...

Judicial Council Bill 2017 [Seanad]: Second Stage (4 Jul 2019)

Charles Flanagan: I move: "That the Bill be now read a Second Time." I am pleased to be here to debate the Judicial Council Bill 2017, important and long-awaited legislation and, as the House will know, its early enactment is a priority for the Government. The primary purpose of the Bill, as published, is to provide for the setting up of a judicial council. Such councils are generally seen as having...

Judicial Council Bill 2017 [Seanad]: Second Stage (4 Jul 2019)

Charles Flanagan: A jungle.

Judicial Council Bill 2017 [Seanad]: Second Stage (4 Jul 2019)

Charles Flanagan: The Seanad.

Judicial Council Bill 2017 [Seanad]: Second Stage (4 Jul 2019)

Charles Flanagan: It does not say much for the Deputy's speech if he is withdrawing aspects of it already.

Judicial Council Bill 2017 [Seanad]: Second Stage (4 Jul 2019)

Charles Flanagan: We will have an opportunity later in the afternoon to revert to some of the important points that have been raised by Members but in the meantime I merely wish to acknowledge the contribution of Deputies to this debate on Second Stage so far. The extent of participation and the diverse views offered demonstrate to me the importance of the issue and underline the concerns Members have on a...

Judicial Council Bill 2017 [Seanad]: Committee and Remaining Stages (4 Jul 2019)

Charles Flanagan: My understanding is that amendments Nos. 1 to 4 are to be discussed together for the purpose of debate.

Judicial Council Bill 2017 [Seanad]: Committee and Remaining Stages (4 Jul 2019)

Charles Flanagan: I acknowledge the amendments. Reference was made to the importance of this Bill and its urgency. As I said at the outset, it is a comprehensive Bill dealing with the reform of law that has remained unreformed since the foundation of the State but, during the course of debate on the Bill, it was decided that the issue of personal injuries might be addressed. I very much appreciate the...

Judicial Council Bill 2017 [Seanad]: Committee and Remaining Stages (4 Jul 2019)

Charles Flanagan: I have no principled objection to the idea that the committee would have the power to conduct public consultations on the guidelines. I addressed this matter in reply to Deputy Sherlock in particular on section 18 and that reply holds in respect of amendment No. 5. What is proposed in the amendment is already contemplated in section 18. The provision which the Deputy seeks to amend clearly...

Judicial Council Bill 2017 [Seanad]: Committee and Remaining Stages (4 Jul 2019)

Charles Flanagan: I can do that.

Judicial Council Bill 2017 [Seanad]: Committee and Remaining Stages (4 Jul 2019)

Charles Flanagan: I move amendment No. 8:In page 29, to delete lines 13 to 18 and substitute the following:“(a) not later than 2 years after the coming into operation of this section, commence a review of enactments which provide for the imposition of minimum sentences for offences and without prejudice to the generality of the foregoing the Minister may, as part of the review, consider—(i)...

Judicial Council Bill 2017 [Seanad]: Committee and Remaining Stages (4 Jul 2019)

Charles Flanagan: I understand that debate was in the Seanad yesterday on a Bill relating to mandatory minimum sentences. I am not a fan of such sentences. I believe that each case should be judged on its merits. In that regard, the element of judicial discretion is important. I understand the amendment was not pressed. There is potential for an investigation under section 59, which deals with the...

Judicial Council Bill 2017 [Seanad]: Committee and Remaining Stages (4 Jul 2019)

Charles Flanagan: I move amendment No. 9:In page 73, to delete lines 36 to 38. The amendment is important and relates to the annual report of the judicial conduct committee. The purpose of the amendment is to confirm that, in all cases, the name of the judge against whom a complaint has been substantiated and the reprimand issued will be published in the annual report of the judicial conduct committee....

Judicial Council Bill 2017 [Seanad]: Committee and Remaining Stages (4 Jul 2019)

Charles Flanagan: What we are doing is flipping the position regarding publication to some degree. I refer the Deputies to section 87(6), wherein specific information is referenced as to what shall be included in the report. That will include the fact that a reprimand was issued, and the name of the judge to whom the reprimand applies. That will be included in the conduct committee report unless there is...

Judicial Council Bill 2017 [Seanad]: Committee and Remaining Stages (4 Jul 2019)

Charles Flanagan: The person's name and a record of the reprimand will be published unless there is good reason to do otherwise. We can expect that the guidelines will be applied, though there may be departures from them from time to time, where following the guidelines would clearly be contrary to the interests of justice. Having regard to the definition we have agreed as to what constitutes judicial...

Judicial Council Bill 2017 [Seanad]: Committee and Remaining Stages (4 Jul 2019)

Charles Flanagan: I move amendment No. 10:In page 74, to delete lines 3 and 4.

Judicial Council Bill 2017 [Seanad]: Committee and Remaining Stages (4 Jul 2019)

Charles Flanagan: I move amendment No. 11:In page 74, line 5, to delete “subsections (6) and (7)” and substitute “subsection (6)”.

Judicial Council Bill 2017 [Seanad]: Committee and Remaining Stages (4 Jul 2019)

Charles Flanagan: I move amendment No. 12:In page 74, line 12, to delete “section 71” and substitute “section 71 or section 79(2)(b)”.

Judicial Council Bill 2017 [Seanad]: Committee and Remaining Stages (4 Jul 2019)

Charles Flanagan: I move amendment No. 13:In page 74, to delete lines 14 to 18.

Judicial Council Bill 2017 [Seanad]: Committee and Remaining Stages (4 Jul 2019)

Charles Flanagan: I acknowledge the importance of this legislation and the setting up of the judicial council. We have already heard from Deputy O'Callaghan and others that this important reforming legislation has been 20 years in the making. The judicial council will have an important role to play in the administration of justice. I acknowledge the co-operation of Deputies. There was some urgency to...