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Judicial Council Bill 2017 [Seanad]: Committee and Remaining Stages (4 Jul 2019)

Donnchadh Ó Laoghaire: I will be brief. As I said in my Second Stage contribution, I do not believe this is the be-all and end-all but it is of value. We need to get this process under way as quickly as possible to have the guidelines and general damages. The sooner we start the process, the better. Therefore, we will be supporting amendments Nos. 1 to 4.

Judicial Council Bill 2017 [Seanad]: Second Stage (4 Jul 2019)

Donnchadh Ó Laoghaire: This is significant, landmark legislation for a number of reasons. One of my main priorities in this area has been the introduction, for the first time, of a legislative basis for sentencing guidelines. I will return to that but this is a significant moment for sentencing policy. It is also significant in respect of its provisions dealing with the awarding of general damages in personal...

Judicial Council Bill 2017 [Seanad]: Second Stage (4 Jul 2019)

Donnchadh Ó Laoghaire: Expensive premiums cannot all be attributed to what is happening in the District or Circuit Courts. The insurance firms' profits topped €227 million last year. Industry profits have surged by 1,300% with 17 general insurance providers making combined operating profits of €227 million. Profits have jumped from €16 million in 2016 with cover for drivers proving...

Parole Bill 2016: Fifth Stage (3 Jul 2019)

Donnchadh Ó Laoghaire: Very good.

Parole Bill 2016: Fifth Stage (3 Jul 2019)

Donnchadh Ó Laoghaire: I will not be long as I am aware that there is other business before the House that requires to be done. The Bill is good legislation. It will make a significant difference. There are difficult considerations to balance in this regard and the Bill strikes the right balance. The Bill started well and improved through amendment as it passed through the Dáil. It will now proceed to the...

Parole Bill 2016: Report Stage (Resumed) (3 Jul 2019)

Donnchadh Ó Laoghaire: I support this amendment. It is the kind of section that is frequently seen in legislation. It makes sense. We are putting this on a statutory basis. It had an institutional basis without having a statutory basis. It is important that we see the patterns that emerge, the experience of the board with the new procedures, and the organisation that is involved. It would be a useful exercise...

Parole Bill 2016: Report Stage (3 Jul 2019)

Donnchadh Ó Laoghaire: I agree generally with the principle involved but am a little uncomfortable with the way it has been drafted. Obviously there is a process there in that a person who breaches his or her parole conditions could potentially be arrested, have his or her parole revoked or there is a hearing of the parole board and so on. It is structured in such a way, however, that it is essentially an...

Parole Bill 2016: Report Stage (3 Jul 2019)

Donnchadh Ó Laoghaire: Perhaps the Minister can talk us through it. I understand the point that is being made but it appears that this is a criminal offence on top of a decision on whether to revoke the parole order. A person could have an additional six months of an offence, and then a decision as to whether the parole order is to be revoked. This is an offence in itself. I understand the point about the...

Parole Bill 2016: Report Stage (3 Jul 2019)

Donnchadh Ó Laoghaire: I am not sure that we are getting this right. I agree with the objective but a person could be out on parole for several years and then may come across a situation or have an adverse relationship with an individual garda. That garda would have the power to arrest the person for something that is potentially not a criminal offence. I believe it is right that it is possible for a person to...

Parole Bill 2016: Report Stage (3 Jul 2019)

Donnchadh Ó Laoghaire: I suppose one could discuss this either with this current grouping or with Deputy Connolly's amendment No. 49 because this retains the change that was made on Committee Stage regarding 12 years. I suppose it is relevant to both areas. I gave this a fair bit of thought and I looked over the Committee Stage debates. I was not participating in the Joint Committee on Justice and Equality at...

Parole Bill 2016: Report Stage (3 Jul 2019)

Donnchadh Ó Laoghaire: I have no difficulty with the amendments, which generally relate to the structure, accountability and answerability of the Parole Board, the manner in which the chief executive and board are accountable to the Oireachtas, the proper running of the board and such matters. As I have the opportunity, it is appropriate that I address as part of the grouping the proposed deletion of section 15,...

Parole Bill 2016: Report Stage (3 Jul 2019)

Donnchadh Ó Laoghaire: I understand the rationale the Minister has given for the amendments. It potentially ensures a certain level of uniformity to have things done through the board rather than through panels as originally proposed. The point on hearing the voices of the victims of crime is right. It is important that those seeking parole have the right to put their case forward. We have discussed this in...

Parole Bill 2016: Report Stage (3 Jul 2019)

Donnchadh Ó Laoghaire: I am happy to support each of the amendments in this grouping apart from amendment No. 18. It is correct to have a certain level of flexibility in the number of members, with between 12 and 15 being permissible. Many of the categories of appointee identified are appropriate for membership of the board. In some respects, these proposals closely resemble what was outlined by Deputy...

Parole Bill 2016: Report Stage (3 Jul 2019)

Donnchadh Ó Laoghaire: I may need help as I do not appear to have the groupings. I wonder if they are available in the Chamber. On the amendments in question, I am satisfied with them. They improve the Bill as to definitions and circumstances. Where a family member would have been the point of contact is now deceased, it enables their replacement. These amendments provide greater detail to some of the other...

Cork Mail Centre: Motion [Private Members] (3 Jul 2019)

Donnchadh Ó Laoghaire: The employees of the mail centre at Little Island were called into a meeting late on Wednesday night and given the hammer blow that many of them feared. Many of them were deeply worried, indeed heartbroken, and having given ten, 20 or 30 years of service to An Post, they feel let down. The way they were treated by the company was extremely shabby. I could speak about this issue and many...

Cork Mail Centre: Motion [Private Members] (3 Jul 2019)

Donnchadh Ó Laoghaire: I am not aware of such communication. The staff are very concerned. An Post's parcel responsibilities are expanding at a rapid rate. I understand that the ordinary sorting officers lower down the food chain, as it were, do not have the capacity to sort all the mail that comes from Portlaoise. Another smaller unit will probably have to be set up. Why can it not be set up in Little...

Mental Health Services Reports: Motion [Private Members] (2 Jul 2019)

Donnchadh Ó Laoghaire: I recently had a meeting with some of the leadership team of HSE south-southwest. I asked people on my social media network what issues I should raise. There were others but one of the most common was mental health. It is an issue of significant concern to a wide range of the population. There are significant issues in adult services, with waiting times and the frequency with which people...

Land and Conveyancing Law Reform (Amendment) Bill 2019: Report Stage (2 Jul 2019)

Donnchadh Ó Laoghaire: I move amendment No. 4:In page 3, line 19, after "to" to insert "any".

Land and Conveyancing Law Reform (Amendment) Bill 2019: Report Stage (2 Jul 2019)

Donnchadh Ó Laoghaire: A few issues have been raised. Deputy O'Callaghan noted how a judge might react if this legislation were to come before him or her. However, we should think first of the lawyer who might take a case on behalf of a bank or vulture fund, and how he or she would potentially argue it. A judge has to take a number of things into consideration when evaluating legislation. First and foremost is...

Land and Conveyancing Law Reform (Amendment) Bill 2019: Report Stage (2 Jul 2019)

Donnchadh Ó Laoghaire: I cannot think of a single instance of how the amendment might create confusion or any two sets of circumstances where one provision could be argued to be in conflict with the other. The Minister of State seems to be suggesting the effect of the wording corresponds to "any and all" and we are saying it applies to all mortgage cases regardless of when they were created. That seems to be the...

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