Results 2,901-2,920 of 21,096 for speaker:Charles Flanagan

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: The Bill relates to the exchange of records of criminal convictions. I do not envisage a situation in which spent convictions would be the subject matter of exchange because, by their nature, they are spent. We are currently updating the law in this area. Committee Stage of a Private Member's Bill is to be taken in the Seanad this evening. This will update the schedule of offences and...

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I am happy to take this issue up with the central authority. I am of the view that in the event of a conviction being spent, it would not be the subject matter of a request for the exchange of criminal records.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I will check with the central authority and provide that information to the Deputy.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: On the matter of the withdrawal of the UK from the European Union and the question of whether the UK authority will retain access to the ECRIS, I do not wish to engage in any speculation but this has been the subject of discussions between our respective jurisdictions. It is certainly my wish, as Minister for Justice and Equality with responsibility for the criminal justice area, and the...

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I would not use the words "ad hoc" as that would indicate to me it was in some way inconsistent or devoid of any framework. I would invite members to look at the Schedule to the Bill before us to see the common table of offences that have been characterised. It has been a feature of the administrative engagement and system since 2012 that there is a clearly defined framework and that there...

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I would give consideration to that. By coincidence, this was the subject matter for a parliamentary question from Deputy Pringle earlier. I would be happy to engage further on that. The uptake is low. The system applies across the country. There is no regional disparity but we need to look at why the uptake is so low and whether a greater level of information can be supplied because it...

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I do not suppose we will on the basis it is spent here and is not regarded as a conviction here.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I would be in favour of that.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: Let me clarify the matter by way of a note from the central authority to the Deputy. In cases where there is something of a similar jurisdiction in terms of the treating of convictions in both EU states, it would seem clear to me the central authority would not be exchanging that information on the basis of it having been spent in both jurisdictions and on the basis it is no longer applicable.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I am not undertaking to institute a formal review. I said to Deputy Pringle I would be happy to engage further to determine the reasons the Civil Legal Aid Act 1995 has had a low uptake. The Civil Legal Aid Act 1995 has been updated by a numbers of Acts, not least the Criminal Justice (Victims of Crime) Act 2017, which placed the victim and complainant centre stage. I would have thought...

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: That is a fair comment. I remind the Deputy, as I did earlier, that this is the subject of debate under a Bill that is in the Seanad this afternoon. I too am keen to ensure the issues that have informed Deputy Kenny are referenced as we review the spent convictions legislation. The object of it, and the whole idea behind it, is to ensure that if a conviction is spent, it is done and that...

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: Yes.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I move amendment No. 2: In page 8, line 23, to delete “the purposes” and substitute “for the purposes”.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I move amendment No. 3: In page 8, line 24, to delete “a purpose” and substitute “by or under any enactment or rule of law for a purpose”.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (19 Nov 2019)

Charles Flanagan: I am not convinced by the arguments put forward. We will be discussing the constitutional position under Article 35 at a later stage, as mentioned by Senator Norris, relating to the advice to the President and that arrangement as currently under the Constitution. It is quite clear, and we have known for many months, that no recommendations can be binding on the Government in this process...

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (19 Nov 2019)

Charles Flanagan: The Senator does not require forgiveness from me or anybody else.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (19 Nov 2019)

Charles Flanagan: It has to be remarked on that we are joined by illustrious company from the Lower House.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (19 Nov 2019)

Charles Flanagan: Acceptance of the amendment would represent a massive U-turn on the part of the Government and that will not happen. A thorough examination of the entire Bill of the type that we have gone through in the Seanad for the past year or more clearly shows the importance of the lay majority throughout the Bill. There is no reference in any section of the Bill to a lay minority. As such, why...

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (19 Nov 2019)

Charles Flanagan: I am not going to engage in what would be a massive misrepresentation of this Bill, if the Long Title were to describe a minority of the members of the commission as being persons other than members of the Judiciary. I cannot accept it.

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (19 Nov 2019)

Charles Flanagan: On a point of order, I am precluded from entering into a debate about something that is not before the House, namely amendment No. 7.