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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...

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

Lynn Ruane: I move amendment No. 19:In page 8, between lines 7 and 8, to insert the following: “Definition (Part 3) 7.In this Part “Act of 2012” means the National Vetting Bureau (Children and Vulnerable Persons) Act 2012.”.

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

Lynn Ruane: I move amendment No. 20:In page 8, line 10, to delete “National Vetting Bureau (Children and Vulnerable Persons) Act 2012” and substitute “Act of 2012”.

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

Lynn Ruane: I move amendment No. 21:In page 8, to delete lines 12 and 13 and substitute the following: “(a) in subsection (1) — (i) by substituting “a relevant court” for “the District Court”, (ii) by inserting the following paragraph after paragraph (a): “(aa) the penalty imposed by the court in respect of the conviction concerned is a relevant...

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

Lynn Ruane: I move amendment No. 22:In page 8, to delete lines 14 to 25 and substitute the following:“(b) by deleting subsections (2) and (4),”.

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

Lynn Ruane: I move amendment No. 23:In page 8, to delete lines 26 to 33 and substitute the following: “(c) in subsection (5) — (i) in the definition of “effective date of conviction”, by substituting “a relevant court” for “the District Court”, and (ii) in the definition of “excluded offence” by substituting “2016;” for...

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

Lynn Ruane: I move amendment No. 24:In page 8, after line 33, to insert the following: “Amendment of Schedule 3 to Act of 2012 8.Schedule 3 to the Act of 2012 is amended in paragraph 16 by substituting “an offence under” for “a first offence under”.”. I have tabled the amendment in the same vein as amendment No. 15 and in light of the recently heralded shift...

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