Results 2,441-2,460 of 15,389 for speaker:Helen McEntee
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: It will revert to the same common law that is used by the Children Act. It would be the same approach.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: By disapplying it, it will revert to common law which is exactly-----
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: -----what it falls under in the 2001 Act. It is the same. It will align with and be applied in the same way as the 2001 Act. Again, I have been assured that there is no need to specify that any particular type of sentence or order can be applied because this is already the case.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: We need to engage further on this in terms of the wider picture and the discussion. In order to comply with the equality principle that is underpinned in the High Court ruling, it was made clear to me that children who are aged out and children are treated the same. There cannot be a statutory sentence for children who are aged out because that does not exist specifically for murder for...
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: No. We are disapplying it.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: Any sentence can be imposed.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: It is silent on it.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: In relation to murder specifically, it is silent on that.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: If we were to accept this amendment, there would be statutory sentencing for murder.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: No. It will fall back on the common law.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: There is an option there but-----
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: It is this Act that we are amending, not the 2001 Act.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: It will default to the way in which it is defined under the Children Act in relation to murder, which is common law.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: I thank the Deputy. I acknowledge and thank him and the members of the committee for waiving pre-legislative scrutiny and acknowledging this is very specific and very much responding to the High Court ruling and the need to ensure equality between children and children who have aged out when it comes to the sentencing and the timeline. There are two elements to the amendment. The first...
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: To the second point, the amendment itself specifically references the aged-out child and references murder. Again, the legal advice I have is the Children Act 2001 disapplied any specific sentence specific to murder. While there may be a general sentence, there is no specific statutory sentence for children relating to murder, whereas this would place a specific statutory sentence on the...
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: The discrepancy we are trying to remove inserts this on the other side. There is a second element to this. There is a Supreme Court case which is looking at murder as it applies to a child. Apologies that I did not say this earlier but this particular case has the potential to require further changes in legislation. The Children Act is being worked on at the moment, and there is an...
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: The objective of the Bill is to provide that level playing field and that equality. Where the 2001 Act is silent is specific to murder, so by including the amendment, where we are specifically referencing murder to the aged-out child, where it is not specifically referenced to children in the 2001 Children Act, and I appreciate this is where we are talking about-----
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: There is no specific reference. The 2001 Act is silent on murder.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: It is the use of that. It does not exist, so to disapply it for the aged-out child brings it onto a level playing field and brings it back to where it was. I am not saying we should not have on the Statute Book something specific about murder as it relates to children but it does not currently exist. Applying the amendment as it stands inserts something specific to murder for the aged-out...
- Written Answers — Department of Employment Affairs and Social Protection: Social Welfare Benefits (25 Sep 2024)
Helen McEntee: I propose to take Questions Nos. 69, 70 and 71 together. As the Deputy will be aware, the EU Temporary Protection Directive (2001/55/EC) was activated by the EU Council in March 2022 in response to the Russian aggression against Ukraine. The Directive establishes the minimum standards of protection to be provided by Member States in the event of a mass influx of displaced persons from third...