Results 3,941-3,960 of 21,096 for speaker:Charles Flanagan

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

Charles Flanagan: I move amendment No. 58:In page 5, to delete lines 5 to 7 and substitute the following:“An Act to provide for the establishment of a body to be known as An Bord Parúil or, in the English language, the Parole Board; to provide for its functions; to amend certain enactments; and to provide for related matters.”. Amendment No. 58 is a simple, straightforward amendment which...

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

Charles Flanagan: Now.

Parole Bill 2016: Fifth Stage (3 Jul 2019)

Charles Flanagan: Technically, the Bill is still in the name of Deputy O'Callaghan. In any event, the Bill is agreed.

Parole Bill 2016: Fifth Stage (3 Jul 2019)

Charles Flanagan: Given the questions from Deputy Connolly and others, I am sure there will be something for Deputy O'Callaghan to consider in a couple of years.

Parole Bill 2016: Fifth Stage (3 Jul 2019)

Charles Flanagan: I also acknowledge the importance of this legislation. I thank everybody who made a contribution to the debate this evening on this important Bill, in particular the interesting points raised by Deputies Sherlock, Ó Laoghaire and Connolly. I acknowledge the fact that the subject matter dealt with in the Bill is somewhat complex, difficult and sensitive and the balancing act that is...

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

Charles Flanagan: I move amendment No. 51:In page 24, between lines 3 and 4, to insert the following: “PART 4 MISCELLANEOUSAmendment of Criminal Justice Act 2007 37.Section 25(8) of the Criminal Justice Act 2007 is amended—(a) in paragraph (b), by the substitution of “in prison,” for “in prison, or”, (b) in paragraph (c), by the substitution of “Criminal...

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

Charles Flanagan: I move amendment No. 52:In page 24, after line 14, to insert the following:“Amendment of Defamation Act 2009 38.Section 17 of the Defamation Act 2009 is amended—(a) in subsection (2)—(i) in paragraph (w), by the substitution of “State, or ” for “State.”, and (ii) by the insertion of the following paragraphs after paragraph (w):“(x)...

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

Charles Flanagan: I move amendment No. 53:In page 24, after line 14, to insert the following:“Amendment of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 39.Section 31(1)(a) of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is amended—(a) in subparagraph (ii), by the substitution of “Criminal Justice Act 1960,” for “Criminal...

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

Charles Flanagan: I move amendment No. 54:In page 24, after line 14, to insert the following:“Amendment of Criminal Law (Sexual Offences) Act 2017 40.Section 58(7) of the Criminal Law (Sexual Offences) Act 2017 is amended—(a) in paragraph (b), by the substitution of “in prison,” for “in prison, or”, (b) in paragraph (c), by the substitution of “Criminal...

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

Charles Flanagan: I move amendment No. 55:In page 24, after line 14, to insert the following:“Amendment of Criminal Justice (Victims of Crime) Act 2017 41.Section 8 of the Criminal Justice (Victims of Crime) Act 2017 is amended—(a) in subsection (2)(m)—(i) by the insertion of the following subparagraphs after subparagraph (iv):“(iva) any application for parole by the person, (ivb)...

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

Charles Flanagan: I am not inclined to accept the amendment on the basis that it has already been provided for in amendments. While the Deputy makes an important point with which I agree, I do not believe it is necessary to make his amendment.

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

Charles Flanagan: It is unnecessary. I already indicated that there were issues with the workings of the legislation that we would not only monitor closely but which we would review. Deputy Connolly suggests that this be expressly stated in the statute. However, as well as referring to what I said earlier in the course of the debate, I point to Standing Orders, which indicate that there is a requirement of...

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

Charles Flanagan: I am not inclined to accept amendment No. 48, although I have listened carefully to what the Deputy said. The import of the proposal is that the board take into account the continuing affect of an offence on a victim and the likely impact on a victim of a person being granted parole. I share the Deputy's concern. I also share his sympathy for families of murder victims because of the...

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

Charles Flanagan: I have listened carefully to what the Deputy has had to say. There is not much between us in ensuring the voice of the victim will be heard. In that regard, there will be clear obligations on the board to satisfy itself that it is appropriate in all of the circumstances that the prisoner be granted parole.

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

Charles Flanagan: It is not an unreasonable point, but there are areas of the Bill where these issues are covered. I regard the proposal as being less than necessary.

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 44:In page 16, between lines 22 and 23, to insert the following:“Persons unlawfully at large 34.(1) A person who, by reason of having been released on parole, is at large shall be deemed to be unlawfully at large if-(a) a condition to which his or her release was made subject has been broken, or (b) his or her parole order is revoked and he or she fails to return...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 45:In page 16, between lines 22 and 23, to insert the following:“Arrest of person unlawfully at large 35.A member of the Garda Síochána may arrest without warrant a person whom he or she suspects to be unlawfully at large and may take such person to the place in which he or she is required in accordance with law to be detained.”.

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I move amendment No. 46:In page 16, between lines 22 and 23, to insert the following:“Consideration of revocation of parole order of person unlawfully at large 36.(1) Where a person has been arrested under section 35, the Irish Prison Service shall notify the Board of the person’s arrest as soon as practicable thereafter. (2) Where the Board is notified under subsection (1)of...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I contend the amendment is unnecessary and I am not inclined to accept it. As the Deputy Connolly, the amendment suggests that the information provided to the applicant must be clear and accessible. Of course, everybody will agree that the information should be clear but I am satisfied that information the board provides would, in any event, be clear. A difficulty I have is that the use of...

Parole Bill 2016: Report Stage (3 Jul 2019)

Charles Flanagan: I do not dispute what the Deputy said in respect of the report to which she referred. I merely make two points. First, it would be incumbent on the parole board to ensure it deals with applications in a way that is understood by the applicant and, second, the applicant has at his or her disposal access to legal representation and legal advice. I reiterate that inserting such terms as...