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Written Answers — Department of Justice and Equality: Alcohol Sales Legislation (20 Nov 2019)

Charles Flanagan: It is proposed that the Sale of Alcohol Bill will contain proposals to update the law relating to the sale, supply and consumption of alcohol in licensed premises and registered clubs, by replacing both the Licensing Acts 1833 to 2018 and the Registration of Clubs Acts 1904 to 2008 with streamlined provisions more suited to modern conditions. These legislative proposals are among a large...

Written Answers — Department of Justice and Equality: Drug and Alcohol Testing (20 Nov 2019)

Charles Flanagan: I have asked An Garda Síochána to provide information in relation to the matter raised by the Deputy. The information requested is detailed and it was not possible to complete the task in the time available. I have requested the Commissioner to provide me with this information and I will provide it directly to the Deputy once it is received.

Seanad: Inquiry into the Death of Shane O'Farrell: Statements (20 Nov 2019)

Charles Flanagan: At the heart of the matter under discussion is the dreadful loss of a loved one by the O'Farrell family. As in the past, including in the debate on these tragic circumstances in the Dáil last week, I express my sincere condolences and those of my Government colleagues to the O'Farrell family on the tragic death of Shane O'Farrell. I stress that we are all working towards achieving the...

Seanad: Inquiry into the Death of Shane O'Farrell: Statements (20 Nov 2019)

Charles Flanagan: That is not so.

Seanad: Inquiry into the Death of Shane O'Farrell: Statements (20 Nov 2019)

Charles Flanagan: I very much agree with what I think every Senator has said, namely, that this is a most important and sensitive matter. I have listened closely to the comments made by Senators during the course of the debate. As I said earlier, we are all working towards achieving the same goal here, which is responding appropriately to the acute pain of the O'Farrell family arising from the loss they...

Seanad: Inquiry into the Death of Shane O'Farrell: Statements (20 Nov 2019)

Charles Flanagan: I will not be interrupted by political commentary from anyone. We are all working together.

Seanad: Inquiry into the Death of Shane O'Farrell: Statements (20 Nov 2019)

Charles Flanagan: I interrupted Senator Gallagher when he accused me of undermining the work of Judge Haughton, which is not the case. From subsequent comments made by Senator Gallagher, I know he readily understands that, and I accept his understanding. I am not undermining Judge Haughton and none of us should do that. I am pleased, and I hope the Senators are equally pleased, that the O'Farrell family is...

Seanad: Criminal Justice (Rehabilitative Periods) Bill 2018: Committee Stage (20 Nov 2019)

Charles Flanagan: Before I speak on the amendments, I will outline the Government's position on the Bill. The Government does not oppose this Bill in principle. I agree with the core objective of assisting people with minor convictions who have moved on from offending and now wish to make a positive contribution to society without being constrained by their past. We have to recognise, however, that the...

Seanad: Criminal Justice (Rehabilitative Periods) Bill 2018: Committee Stage (20 Nov 2019)

Charles Flanagan: Amendment No. 1 is a technical amendment. I am not sure of the extent to which the Senator wishes to elaborate on it. I am prepared to accept these amendments insofar as they apply to the Bill as initiated.

Seanad: Criminal Justice (Rehabilitative Periods) Bill 2018: Committee Stage (20 Nov 2019)

Charles Flanagan: I am not opposing the amendments on this Stage, but I wish to give notice that I may table amendments of my own on Report Stage. In the meantime, I assure the Senator of meaningful engagement with my Department with a view towards reaching agreement for Report Stage.

Seanad: Criminal Justice (Rehabilitative Periods) Bill 2018: Committee Stage (20 Nov 2019)

Charles Flanagan: Amendment No. 5 is a technical amendment which refers to and cites new substantive provisions in respect of amending the Children Act 2001. Amendment No. 26 provides for a substantive change to the Children Act 2001 by reducing the rehabilitative period for those under 18 from three years to one year. I am sure Senators would agree that this would need to be harmonised with potential...

Seanad: Criminal Justice (Rehabilitative Periods) Bill 2018: Committee Stage (20 Nov 2019)

Charles Flanagan: I am.

Seanad: Criminal Justice (Rehabilitative Periods) Bill 2018: Committee Stage (20 Nov 2019)

Charles Flanagan: I accept amendments Nos. 8,10,12 and 14 on the basis that they are technical amendments that apply to section 5 regarding the removal of the references to "and over" which allows the relevant subsections to read more clearly and appropriately. I am not opposing amendments Nos. 7,9,11 and 13. These relate to increasing the age at which the provisions of this Bill specific to the young adult...

Seanad: Criminal Justice (Rehabilitative Periods) Bill 2018: Committee Stage (20 Nov 2019)

Charles Flanagan: I will not oppose amendments Nos. 15 and 16. Amendment No. 15 will amend section 5 by creating a new subsection to reflect recommendation 14 of the joint committee report and recommendation 10.2.2 of the working group report to consider alternative approaches to the possession of drugs for personal use, regarding the setting up of an upper rehabilitative period limit of three years for...

Seanad: Criminal Justice (Rehabilitative Periods) Bill 2018: Committee Stage (20 Nov 2019)

Charles Flanagan: As in the case of previous amendments in the name of the Senator, I will not oppose the amendment, which will provide for the removal of the limit of the number of convictions eligible to become spent. It is a reflection of recommendation 4 of the joint committee's report on spent convictions. While I will not oppose it, I invite agreement from Senators that it should be subject to a more...

Seanad: Criminal Justice (Rehabilitative Periods) Bill 2018: Committee Stage (20 Nov 2019)

Charles Flanagan: It is a technical amendment and I have no difficulty with it.

Seanad: Criminal Justice (Rehabilitative Periods) Bill 2018: Committee Stage (20 Nov 2019)

Charles Flanagan: I am pleased to inform the Senator it is not my intention to oppose amendments Nos. 21 to 23, inclusive, which will extend section 14(a) of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 to include Circuit Court convictions and therefore attempt to harmonise the equivalent related provisions of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016...

Seanad: Criminal Justice (Rehabilitative Periods) Bill 2018: Committee Stage (20 Nov 2019)

Charles Flanagan: Again, as on previous amendments, I do not intend to divide the House. While I am not opposing the amendment, I ask Senators to agree and accept that we still need to engage in a level of consultation across a range of stakeholders within the criminal justice sector. We need to analyse what will be required in assessing the merits of the amendment. While I commit to constructive engagement...

Seanad: Criminal Justice (Rehabilitative Periods) Bill 2018: Committee Stage (20 Nov 2019)

Charles Flanagan: I thank the Leas-Chathaoirleach and Senators for their work in ensuring this debate would take place this evening. I am mindful of the fact that they have a very busy schedule. I acknowledge the significant amount of work Senator Ruane has done to progress this important legislation. I formally thank the Senator for her work, but I also thank the Independent Senators, Senators Black,...

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I acknowledge the Chairman and the committee's accommodation of this small but not unimportant legislative item. Before I speak to the three technical amendments I intend to move in respect of the Criminal Records (Exchange of Information) Bill 2019, I will briefly summarise the Government’s position in respect of the Bill. As this committee is aware, the Bill is transposing two...

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