Results 361-380 of 16,849 for speaker:Dermot Ahern

Written Answers — Sexual Offences: Sexual Offences (1 Dec 2010)

Dermot Ahern: I can advise the Deputy that there are currently 136 sex offenders under the supervision of the Probation Service in the community. Of that number, 46 are subject to post release supervision orders imposed by the courts pursuant to Part 5 of the Sex Offenders Act, 2001. There are a further 157 sex offenders currently in custody who will be subject to supervision by the Probation Service...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: While I accept that Senator Mullen tabled thee amendments in good faith, the net effect of what he is suggesting - which he readily admitted - would be that the test would be restricted to one of falsity. In deleting the words to which the amendments refer, he would, in effect, be providing protection for persons who knowingly or recklessly make communications or offer opinions that are...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: There is no conflict in this regard. The start of the section states that a person who, apart from this section, would be so liable shall not be liable in damages in respect of a communication unless he or she makes it knowing it to be false, misleading, etc. or is reckless as to whether it is such. That, ultimately, is an offence. It is very narrowly drawn because it is a criminal...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: This must be narrowly focused on falsity. It could well be difficult to prove something is frivolous in a criminal context and that is why that subsection is focused specifically on falsity whereas the other includes a wider gambit of situations. As I stated regarding a criminal offence, it would apply to the situation where the person knows it to be false.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: I do not accept that. Proving misleading, frivolous or vexatious in a criminal context is much more difficult than proving a falsehood, and that is why there is that distinction. It is correct that there is a distinction but it is because of the requirement under the criminal code to prove an offence beyond all reasonable doubt, which may be difficult in the context of a person making a...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: Yes.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: The Bill provides that the appropriate person is a member of the Garda Síochána, an employer or an employer's nominee and, if the whistleblower is abroad, Irish diplomats and foreign law enforcement officers. Given that the whistleblower provisions of the Bill relate to specific criminal offences and protection in the workplace we believe this is the appropriate provision. To expand the...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: I cannot put it any clearer. The basis upon which we are trying to restrict it to the Garda Síochána, or the employer for civil issues, is because we are trying not to have too many mediators in the process which could complicate it and perhaps lead to information not being passed on appropriately because of mistakes. It would be far better to leave the list of appropriate people as it is...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: We have no more amendments to make.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (Resumed). (1 Dec 2010)

Dermot Ahern: I indicated that it was highly unlikely I would be able to accept it.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: I thank Senator Norris for his words. I was not here for the Order of Business and if anyone said any nice words about me, I thank them. I am advised that an opinion can be formed on a belief which would encompass actual knowledge of suspicion. Given that an opinion can be formed on a suspicion, the addition of the word "suspicion" is not required and this has been considered by the...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: Senator Mullen is a dab hand at that. Every aspect is dealt with there. It might have been simpler to have generic legislation but the strong view of the then Attorney General and the current one - I recall the debate at Cabinet in that regard - was that this was a better way to proceed.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: Senator Keaveney raises a very interesting issue and she gave me a book, which I have yet to read, relating to corruption in sport.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: Yes. I saw part of the television programme, which was quite damning. This legislation looks to build on existing law and implement the commitment we have on the convention on bribery of foreign public officials in international business transactions. That is what the Bill is about but we have gone further. Senator Bacik would accept that although we are dealing with whistleblowing in...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: I cannot put the matter further than to state that, having discussed this issue with the Parliamentary Counsel, the word "opinion" encompasses actual knowledge or suspicion. I appear to be getting some support for that view from Senator Norris and, to a lesser extent, Senator Mullen. I may have formed the wrong impression of Senator Bacik's contribution and stand open to correction on the...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: I understood the Senator was making such a suggestion. We need to be very careful because a balance must be struck between the right and duty of a whistleblower to come forward and the need to ensure people do not make accusations which traduce the good name of another individual.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: It is for this reason the question of whether the word "opinion" encompasses everything would ultimately be determined by the court on the basis of the level of knowledge of the person concerned. Senator Regan may correct me if I am wrong but is he suggesting that one cannot have a false or misleading suspicion? I believe suspicions can be false or misleading. For this reason, I do not get...

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: I hazard a guess that it would be beyond the wit of the Oireachtas to define the word "opinion" in a manner sufficient to allow it to be legally parsed and analysed in a court case. Ultimately, the matter should be left to the courts to decide.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: Yes.

Seanad: Prevention of Corruption (Amendment) Bill 2008: Committee Stage (1 Dec 2010)

Dermot Ahern: No, I stated that in the opinion of the Parliamentary Counsel the word "opinion" encompasses suspicion.