Results 2,841-2,860 of 8,015 for speaker:Jonathan O'Brien

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: Where relevant.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: We should consider exactly what we are trying to do here: we are trying to transpose the directive into law in this State. We cannot do that sufficiently unless we take our lead from the directive. Section 4(1)(a) of the directive details the type of support victims should be informed of on first contact and mentions "where relevant, basic information about access to medical support, any...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: As I have left out the word "support", I am willing to withdraw my amendment. However, in the spirit of new politics, the Minister of State should take on board Deputy Clare Daly's amendment as it is worded and then if he wishes to change it on Report Stage and consider it further, he can do so. All members would be open to further amendments. It is important to do that. It would send a...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: The amendment strengthens our own position on the previous one. The Minister of State is stating it is necessary to offer information on particular measures, procedures or arrangements which are available to a victim who is a child. I do not have an issue with that. I think it is an appropriate amendment.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I move amendment No. 20:In page 10, line 26, to delete “as soon as practicable” and substitute “without unnecessary delay”. The amendment is intended to reflect the wording in the directive, which is "without unnecessary delay". I think it is important to use the wording of the directive if we seek to transpose it into Irish law.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: The wording which we were using is the wording within the directive, but I am quite happy to withdraw the amendment given that the Minister of State has taken on the previous amendment from Deputy Daly as a gesture of goodwill. I also have further amendments down the line.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I move amendment No. 23:In page 10, after line 40, to insert the following:“(6) Where a member of the Garda Síochána or the Ombudsman Commission makes a request referred to in subsection (5) a victim shall be given reasonable opportunity to make alternative arrangements for accompaniment, where the substitution of an individual by another suitable person would answer the...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: That may be the case when a victim decides to make first contact and make a complaint, but this follows through in the rest of the legislation, for example, the interview stages in sections 11 and 13. Is the Minister of State saying that, when a victim makes a complaint, gives a statement and is interviewed by a garda, it is open to him or her to leave and find an alternative if the person...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I understand where the Minister of State is coming from. Where certain crimes are involved, for example, domestic violence, gardaí might be concerned that a family member who is accompanying the victim is coercing him or her in the complaint or during the interview stages, so I understand why gardaí might ask that individual to leave. However, if the person is a support worker...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: Is that available to the victim?

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: Let us say a victim makes a complaint and is accompanied by a legal representative. For whatever reason, the Garda or GSOC, the Garda Síochána Ombudsman Commission, asks that legal representative to absent themselves. The victim can then leave and get an alternative to accompany them. However, what if the victim does not know the reasons the legal representative was asked to...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: In particular crimes, it takes a lot of courage for a victim to take that initial step to make a complaint. In a scenario where the person who is accompanied is asked to leave - I accept it could be in rare cases - it might make the difference where the victim does not go back a second time.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I know it is open to the victim to leave or make a phone call or come back in an hour or a week. Where the accompanying person is asked to leave for good reason, we need to be mindful that in some cases it can take a lot of courage for the victim to take the initial step to make a complaint. They may be slow to take the step again if they do leave. There should be some sort of follow-up...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: Seeing where the Minister is coming from, I am willing to withdraw my amendment. However, we need to be careful about this.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I will withdraw amendments Nos. 23, 64 and 75.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I have the letter stating that amendment No. 27 has been ruled out of order.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I wish to comment on amendment No. 27, which was ruled out of order. The Minister may not be aware that an amendment to section 6(1)(a) has been agreed by the Minister of State. This has knock-on effects throughout the legislation. One of those effects relates to amendment No. 27 because the wording of this amendment is exactly the same as the amendment we have just agreed. The Minister...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I do not understand why it can be ruled out of order as involving a potential charge on the Exchequer when an identical amendment has been agreed previously. It cannot be argued that this will give rise to a charge on the Exchequer in section 6 but not in section 6(1)(a). That does not make sense.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: I appreciate that.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jonathan O'Brien: The difference is probably the use of the word "shall" as opposed to "may", which takes us back to the earlier argument that this should be compulsory. The word "shall" is used in the directive, whereas the legislation uses the word "may".