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Fines Bill 2009: From the Seanad (20 May 2010)

Dermot Ahern: I would be obliged if, in accordance with Standing Order 136, the Ceann Comhairle would direct the Clerk of the Dáil to make the following verbal change to amendment No.44(4), where "in this subsection" should read "in this section".

Fines Bill 2009: From the Seanad (20 May 2010)

Dermot Ahern: I would like to say a few words about the Bill. I welcome its passing and the assistance we got from the Opposition in the Seanad and the Dáil. I said in the Seanad that if there was a case for its retention, then I would have to point out that considerable amendments were made, and a good teasing out of the Bill occurred in that House. It made life that little bit easier for us in the...

Fines Bill 2009: From the Seanad (20 May 2010)

Dermot Ahern: That would be 10%.

Fines Bill 2009: From the Seanad (20 May 2010)

Dermot Ahern: These are amendments to sections 4 to 8, inclusive, and are to ensure that a person who commits an offence under the Act enacted on the day on which this part of the Bill comes into operation will be liable on summary conviction to class A, B, C,D or E fines, respectively. The amendments arise from an amendment tabled by the Labour Party in the Dáil and the Seanad. I thank it for bringing...

Fines Bill 2009: From the Seanad (20 May 2010)

Dermot Ahern: These are technical amendments designed to ensure that the indexing provisions will apply to any enactments enacted on or after the commencement date that amend other enactments. For example, a new Act may substitute a provision to an existing Act that amends a penalty provision which can be imposed on summary conviction and these amendments will ensure that a fine will fall into one of the...

Fines Bill 2009: From the Seanad (20 May 2010)

Dermot Ahern: These are purely drafting amendments which for consistency with the drafting generally to sections 4 and 8 insert the word "specified" after the word "number" in two places in subsections (2) and (3) of sections 4 and 8. For example, where it now states where an enactment enacted during a period specified in column two of the table opposite, a particular reference number in column one. The...

Fines Bill 2009: From the Seanad (20 May 2010)

Dermot Ahern: This amendment deletes the term "Minister for Justice, Equality and Law Reform" and substitutes the word "Minister" because the definition of the word "Minister" is already contained in section 2.

Fines Bill 2009: From the Seanad (20 May 2010)

Dermot Ahern: This is a standard provision found in legislation where provision is made for a notification or other document to be served on or given to a person. A recent example of such a provision is in section 9 of the Charities Act 2009. This provision is being applied to the notification required under section 15(2) of the Bill as passed by Dáil Éireann. Section 15(2) provides that a recovery...

Fines Bill 2009: From the Seanad (20 May 2010)

Dermot Ahern: Deputy Charles Flanagan raised a point about the service of documents in regard to court proceedings. There is no doubt there has been greater flexibility in recent times. However, it is best left to the rules of the various courts to decide how effective service is guaranteed. It cannot be guaranteed in all cases but prosecutions cannot proceed unless there is proof that documents were...

Fines Bill 2009: From the Seanad (20 May 2010)

Dermot Ahern: A court, when directing that a fine be paid by instalments, will specify the time during which they are required to be paid. This can be 12 months or a shorter period from the time that they would otherwise have fallen due. This is called the "due date for payment." The purpose of the amendment is to ensure that, in accordance with normal practice, the period during which the fine must be...

Fines Bill 2009: From the Seanad (20 May 2010)

Dermot Ahern: Section 14, as passed by Dáil Éireann, provides for the payment of fines by instalments. Subsection (1) permits an offender to make an application to the court which imposed the fine to use that method of payment. Subsection (7) obliges the court to inform the offender of his or her right to make such an application. It is the intention that the application can be made subsequent to the...

Fines Bill 2009: From the Seanad (20 May 2010)

Dermot Ahern: These are drafting amendments. The Parliamentary Counsel has decided that section 14(6), while correct, does not fit comfortably into section 14. The purpose of the subsection is to establish the appropriate period of imprisonment when a fine has been partially paid by instalments. This is already achieved in the inserted section 2A to section 17(3) of the Courts (No. 2) Act 1986 in regard...

Fines Bill 2009: From the Seanad (20 May 2010)

Dermot Ahern: This amendment arose from an error that occurred on Committee Stage in the Dáil which was brought to our attention by Senator Regan prior to Committee Stage in the Seanad. I am grateful to the Fine Gael Party for bringing this error to my attention. One of the effects of the several amendments that were made to section 14 in the Dáil was that the expression "new date for payment" was...

Fines Bill 2009: From the Seanad (20 May 2010)

Dermot Ahern: Where a receiver is notified by the Courts Service that a person has not paid a fine by the due date, the recovery order made by the court which imposed the fine takes effect. That gives the receiver power to recover the fine or seize and sell property belonging to the offender equal to the amount of the fine. It may be the case that part of the fine was paid by instalments. One of the...

Fines Bill 2009: From the Seanad (20 May 2010)

Dermot Ahern: This is a drafting amendment which acknowledges that the Courts Service is singular and not plural.

Fines Bill 2009: From the Seanad (20 May 2010)

Dermot Ahern: This is a drafting amendment that adds the word "and" to the end of paragraph (e) in section 15(3) as passed by Dáil Éireann. Subsection sets out the rights and responsibility as a receiver as authorised in a recovery order made by the court.

Written Answers — Garda Vetting Services: Garda Vetting Services (19 May 2010)

Dermot Ahern: The Garda Central Vetting Unit (GCVU) provides employment vetting for a large number of organisations in Ireland registered with the Gardaí for this purpose and which employ persons in a full-time, part-time, voluntary or training capacity to positions where they would have substantial, unsupervised access to children and/or vulnerable adults. This would, of course, include many healthcare...

Written Answers — Garda Operations: Garda Operations (19 May 2010)

Dermot Ahern: I am informed by the Garda authorities that the location referred to is in the Clontarf Garda Sub-District. Local management is aware of anti-social behaviour in the area. A member of the local Community Policing Unit is allocated specifically to the area and regularly meets local residents. The area is subject to regular patrols by uniform and plain clothes personnel, Including the...

Written Answers — Garda Investigations: Garda Investigations (19 May 2010)

Dermot Ahern: Proceedings connected with the matter referred to by the Deputy are currently before the courts. It would therefore be inappropriate for me to make any comment at this time.

Written Answers — Citizenship Applications: Citizenship Applications (19 May 2010)

Dermot Ahern: A valid application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in October 2007. All valid applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 26 months. More complicated...

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