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

Lynn Ruane: I welcome Members' comments and look forward to their continuing engagement. Since my amendments represent a large shift, we will work with the Minister and his Department between now and Report Stage if they need to be tweaked in any way.

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

Lynn Ruane: I move amendment No. 2:In page 5, line 17, to delete “section 7” and substitute “Part 3”.

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

Lynn Ruane: I move amendment No. 3:In page 5, line 19, after “2018” to insert “and shall be construed together as one”.

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

Lynn Ruane: I move amendment No. 4:In page 5, between lines 19 and 20, to insert the following:“(4) This subsection, Part 4and the Employment Equality Acts 1998 to 2015 may be cited together as the Employment Equality Acts 1998 to 2019 and shall be construed together as one. These amendments relate to a new Part 4 that I am proposing to insert to amend the Employment Equality Act 1998 by...

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

Lynn Ruane: I move amendment No. 5:In page 5, between lines 19 and 20, to insert the following:(4) This subsection, Part 5and the Children Acts 2001 to 2015 may be cited together as the Children Acts 2001 to 2019 and shall be construed together as one.”. These amendments propose a change to section 258 of the Children Act 2001, which relates to criminal record disclosures for those under the age...

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

Lynn Ruane: I move amendment No. 6:In page 5, between lines 23 and 24, to insert the following:"Definition 2.In this Act, "Act of 2016" means the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016.". Amendments Nos. 6, 19 and 20 are technical amendments, which alter the definition provision contained in section 2 and move the citation for the National Vetting Bureau (Children and...

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

Lynn Ruane: The OPLA has advised me that section 3, which relates to a review of the Act, is more appropriately located in Part 2 of the Bill, which contains the provisions relating to the 2016 principal Act. It is a technical amendment. The section will be reinstated later by amendment No. 18.

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

Lynn Ruane: I move amendment No. 7:In page 6, line 28, to delete "24 years" and substitute "25 years". Amendments Nos. 8, 10, 12 and 14 are technical amendments removing the words "and over" from section 5 on foot of advice of the OPLA and to insert a comma where it was omitted from the Bill as initiated. Amendments Nos. 7, 9, 11 and 13 are substantive and relate to the age at which the Bill defines a...

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

Lynn Ruane: I appreciate the Minister's comments. Of course, that is fine.

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

Lynn Ruane: I move amendment No. 8:In page 6, line 29, to delete "committed and over" and substitute "committed,".

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

Lynn Ruane: I move amendment No. 9:In page 6, line 34, to delete "24 years" and substitute "25 years".

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

Lynn Ruane: I move amendment No. 10:In page 6, line 34, to delete "committed" and substitute "committed,".

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

Lynn Ruane: I move amendment No. 11:In page 7, line 1, to delete "24 years" and substitute "25 years".

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

Lynn Ruane: I move amendment No. 12:In page 7, line 2, to delete "committed and over" and substitute "committed,".

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

Lynn Ruane: I move amendment No. 13:In page 7, line 7, to delete “24 years” and substitute “25 years”.

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

Lynn Ruane: I move amendment No. 14:In page 7, lines 7 and 8, to delete "committed and over" and substitute "committed,".

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

Lynn Ruane: I move amendment No. 15:In page 7, between lines 11 and 12, to insert the following:"(5) Notwithstanding subsections (1) to (4), the relevant period in respect of a relevant sentence imposed on a person for an offence under section 3 of the Misuse of Drugs Act 1977 shall be the lesser of the following:(a) the period determined in accordance with subsections (1) to (4); (b) the period of 3...

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

Lynn Ruane: I move amendment No. 16:In page 7, line 12, to delete “(5) The relevant” and substitute “(6) The relevant”.

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

Lynn Ruane: I move amendment No. 17:In page 7, to delete lines 36 to 41, and in page 6, to delete lines 1 to 5 and substitute the following: “and (b) by deleting subsections (3) and (5).”. The amendment is one of the most important changes I propose to the Bill. It will remove the limit on the number of convictions that can become spent. The single-conviction rule of the current law...

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

Lynn Ruane: I move amendment No. 18:In page 8, between lines 5 and 6, to insert the following: “Report on operation of Act 7.The Act of 2016 is amended in Part 2 by inserting the following after section 13: “13A.The Minister shall — (a) not later than 2 years after this section comes into operation, commence a review of the operation of this Act, and (b) not later than 12 months...

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