Results 1,741-1,760 of 29,533 for speaker:Brendan Howlin

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I move amendment No. 52: In page 31, line 1, after "order" to insert the following: "which appeared to the High Court to be a sum which might be realised by the person to whom the order is directed". This is an important amendment which relates to the issue of circumstances in which a person may be imprisoned for failure to pay a fine. There are strong international legal prohibitions on the...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: That is most surprising and unfortunate. The Minister of State stated that the court would have to do what I, in my amendment, ask that it should do. If that is the Minister's intent, why can we not be explicit in making it the intent? The following simple wording is what I want to insert: "which appeared to the High Court to be a sum which might be realised by the person to whom the order is...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: Although I do not know whether the Minister of State has ever been in the courts, one does not need a statutory provision to state that citizens of the State can make representations to the court because it is a constitutional right. There are no bonus points available for stating that under subsection (10) persons must be given a reasonable opportunity to make representations to the court;...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I move amendment No. 54: In page 33, lines 7 and 8, to delete "commencement of this section" and substitute "passing of this Act".

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I move amendment No. 55: In page 34, line 14, to delete "2003" and substitute "2005".

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I move amendment No. 56: In page 41, line 11, after "it" to insert the following: ", provided that where such material is to be transmitted out of the State, arrangements shall be made for the return of such material following the conclusion of proceedings before the International Criminal Court, and, where human remains are transmitted out of the State under this subsection, subject to...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I would like the Minister of State to explain what exactly is captured by section 51(2)(b) and state how it meets the point I made?

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: Will the Minister of State read out the section to which he referred?

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I think the Minister would believe that the insertion I propose is much more comprehensive. It is also much more respectful, particularly in terms of human remains and is sensitive to the wishes of the loved ones of individuals. I do not think we should leave it as a discretionary issue. It should be clear and should be set out in a respectful way in legislation. These are sensitive matters...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I am surprised and disappointed that the Minister is taking a dogmatic line on this. What he is saying is that the State will act responsibly, simpliciter. That is all well and good, but we are here to make sure we set out in law the duties and responsibilities of the State. If the simple view were true that all Ministers would carry out their duties responsibly and well, we would not get...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: Are we taking Nos. 57 and 58 together?

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I move amendment No. 57: In page 42, line 5, after "oath" to insert "or affirmation". This is a standard provision that is not adequately covered by the Interpretation Act 1937. I want to make this clear before the Minister of State tells me it is covered. Many statutes provide expressly for the possibility of oath or affirmation, a classic example being the Tribunal of Inquiries Act, which...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: This is a small but important matter. It was once argued in this House that it was understood that the word "man" encompassed women as well as men and that, therefore, it was not necessary to include the word "woman". Such an argument would not be accepted today. We now live in a different society in which not everyone swears on oath. In the same way as we use "he or she", it should be normal...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: God forbid that the Minister of State should walk off the reservation.

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: The spectacle of Ministers simply following instructions to read out a prepared script and not making decisions is becoming tedious. Although the Minister for Justice, Equality and Law Reform has many weaknesses, he listens to alternative viewpoints and changes his mind when such viewpoints are reasonable. It is pointless dealing with the Minister of State if he is not prepared to listen to...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: The Acting Chairman is giving the Minister of State leeway.

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: That is true.

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I move amendment No. 58: In page 42, line 10, after "intimidation" to insert the following: "or to the prohibition of publication of information tending to identify any person the court considers ought not to be identified".

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: I move amendment No. 60: In page 46, line 42, after "detention" to insert the following: ", and whether such orders were made by the Court before or after it commenced sitting in the State". This amendment is designed to deal with a situation where the entire trial does not take place within the State but some order is made outside the State in respect of a trial, part of which takes place...

International Criminal Court Bill 2003: Report Stage (Resumed) and Final Stage. (31 May 2006)

Brendan Howlin: The Minister of State's argument is reasonable so I withdraw the amendment.