Results 2,421-2,440 of 15,389 for speaker:Helen McEntee

Written Answers — Department of Justice and Equality: An Garda Síochána (26 Sep 2024)

Helen McEntee: I have contacted the Garda authorities for the information requested by the Deputy. Regrettably, this information was not available in time and I will write to the Deputy directly when it is to hand.

Written Answers — Department of Justice and Equality: An Garda Síochána (26 Sep 2024)

Helen McEntee: As the Deputy will be aware, the Garda Commissioner is responsible for the deployment of Garda members throughout the State. I am informed by the Garda authorities that a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Division. I am assured by the Garda Commissioner that personnel...

Written Answers — Department of Justice and Equality: Antisocial Behaviour (26 Sep 2024)

Helen McEntee: While I have no direct role in the assignment of Gardaí or any Garda resource, I am assured by the Garda Commissioner that personnel assigned throughout the country, together with the overall policing arrangements and operational strategies are continually monitored and reviewed. In regard to the deployment of Garda personnel, a distribution model is used which takes into account all...

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: There is already.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: If this were to apply, then you have a statutory sentencing for the aged-out child, which does not exist currently for the child, specific to this.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: Yes.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: There is potential for further changes.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: This is specific to the case because four or five current cases specific to this issue are potentially impacted. There will be-----

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: -----possible further change but there are ongoing cases that need to be resolved before this.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: My understanding is that there are a small number of cases that this could be applied to but, again, case law suggests that would perhaps not be successful. The advice is despite the fact there are a small number of cases where this has been applied, there is a strong reason to move forward with this specifically. There are a small number of cases. That is not to say a case would not be...

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: I do not think we disagree but the very clear advice I have is that by doing this we will still have to come back-----

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: By using and specifically referencing murder where it does not exist at the moment, there is the potential to put in place a discrepancy on the other side of things. Our objectives are the same, but the legal advice I have is to comply with the High Court ruling. We need to change it.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: The fact that it is silent on the type of offence in the 2001 Act, by disapplying it to aged-out persons they automatically fall under that category. However, by inserting the words "when he or she committed the murder", there is a specific-----

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: By disapplying the mandatory life sentence of murder to this person, the person automatically falls back under this.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: It is going back to when the crime was committed, not when the person is being sentenced. That is what it is looking at.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: The amendment specifically refers to murder, which is not referenced in the 2001 Act for children. Deputy Howlin's amendment would include that where it is not included at the moment.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: The amendment refers to it. That is the challenge here.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: The amendment states: “(2) Subsection (1) shall not apply to the sentencing of a person convicted of murder who was under the age of 18 years when he or she committed the murder but has attained that age on or before the date of such sentencing."

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: I am sorry, I was looking at the wrong section. It still applies in the same way because it is silent to murder. There is no need to change it because it already applies. When it is disapplied, it will apply to the child because the offence was committed before the child was 18. This is the very clear advice I have.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: It disapplies it. The same approach will be applied.