Results 26,281-26,300 of 29,533 for speaker:Brendan Howlin

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: Will the Minister explain what I intend?

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: I welcome the formula put forward by the Tánaiste. There is case law in regard to decisions of the Court of Criminal Appeal where cautions were found to be defective. A formula should be devised. I am advised there are several statutory instruments or laws already enacted by the Oireachtas that require a member of the Garda Síochána to explain an issue in ordinary language. To simplify...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: The Tánaiste has undertaken to consider my amendment. I will resubmit it on Report Stage.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: I will be brief as I am conscious that others wish to contribute. I told the Minister on the last occasion that I had changed my views in regard to mandatory sentencing on this issue.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: I had a very rigid view that it should be for the courts to have the ability to make a discernment in each individual case but because I am now convinced that the issue of drugs is so pervasive, is all over the country and doing extraordinary damage to communities all over the country, that we need that wake-up call. I agree with the Minister that it is not simply the Mr. Bigs who can...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: Could it apply in the circumstances?

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: It cannot do both.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: The Minister indicated what he was going to do last week but we have seen the shape of the amendments only in the past couple of days. The Minister proposed to change the sentence from one year to five years, which remarkably changed the character of this issue. Now he is talking about changing the Schedule beyond the removal of "burglary and robbery" to be replaced by "aggravated burglary"...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: The Deputy will have to make up his mind.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: We have a form of words.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: Will it come back to the House?

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: As the Minister will appreciate, it is difficult for Deputies to make a judgment when we do not have a scheme before us.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: Will the Minister introduce a further amendment for tomorrow to change or abandon the section?

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: I do not believe we can recommit a second time. The Minister has asked a question on his position. May he table an amendment for tomorrow on Report Stage and, if necessary, withdraw it?

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: It can all be captured by the Minister's response.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: The problem is we have lots of notes.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: We have a problem with this section. We are not sure but if we disagree at this stage——

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: Subject to the caveat we have already entered.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: I welcomed the crime prevention order on Second Stage, but I have some questions on it. I am sure the Minister saw the article in today's edition of The Irish Times by a distinguished former Attorney General which cast serious doubt——

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Brendan Howlin: I am interested in the Minister's view on it. The former Attorney General calls them "crime prevention orders". The point is they are very vague in the structure of the Bill. What is the Minister's view on that? We need to address that because if there is a lack of guidance, what impact will that have on their constitutionality? I feel crime prevention orders are good as a mechanism to...