Results 5,001-5,020 of 21,096 for speaker:Charles Flanagan

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: I do. I thank the House for accommodating this legislation this afternoon. Before I speak to the amendments I wish to outline my position and that of the Government on this Bill. I want to express my strong view to Senator Ó Céidigh that I am supportive of the amendments proposed to the Bill on Committee Stage, subject to legal advice and the need for further amendments in...

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: The Leas-Chathaoirleach might invite comments from Senators-----

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: I am considering bringing forward an amendment to section 1 regarding the definition of judicial or other proceedings. One possible problem I see with the Bill is that it appears to define a proceeding as primarily involving the administration of justice and then states that this includes tribunals. A question might arise if this formula includes tribunals of inquiry, as well as...

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: I am a guest here and will not stray beyond my role-----

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: -----as indeed last week will testify. A question may well arise if the formula includes a tribunal of inquiry as well as decision-making tribunals. We need to tease that out. We will leave that as far as section 1 is concerned.

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: I have only a couple of points; I do not want to labour issues unduly-----

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: -----in the Upper House. I am on amendment No. 1. I am not; I am on the group of amendments.

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: My legislative work as Minister for Justice and Equality has been impacted upon by the amount of time I have spent in this House on the Judicial Appointments Commission Bill. The record will speak for itself in terms of the time taken and in terms of repetition. As I have said, I am a guest here, but the debate on that Bill has resulted in me having in excess of 100 pieces of legislation on...

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: I am an invitee.

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: I am an invitee here but I-----

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: I will abide by the rules, strictures and Standing Orders of this House at all times.

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: Therefore, when I say that I would like the Bill to be taken in Government time, I am only expressing a preference on my part. It is not something which is within my power to implement. Indeed, it might not happen. I will speak briefly on the other amendments in the group for the record. Section 2 is a-----

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: Amendment No. 2 is a technical amendment which provides for the inclusion of a definition of "subornation of perjury" in section 1. Subornation of perjury includes pressing, encouraging or assisting someone to commit perjury. This definition mirrors the definition to be provided for in section 3, which I accept. I support amendment No. 4, which is a consequential provision arising from...

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: Amendment No. 13 provides for the creation of a new offence of fabrication of evidence that does not amount to perjury or subornation of perjury under this Bill. It is a modern offence which has been provided for in perjury statutes in other jurisdictions. It is important that we would give favourable consideration to including it in this Bill in order to ensure that the facilitation of...

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: With respect to this amendment, we are making express provision for an amendment to the corroboration requirement which previously provided that no person is to be convicted of an offence under this Act solely upon the evidence of one single witness. The amending provision retains the corroboration requirement, albeit in a way that perhaps is of greater clarification in that the...

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: The requirement to corroborate as to the falsity of any statement in relevant statutes such as this one is the subject matter of some conflict of opinion, not only AN academic but in practice and in an international context. Some argue against the corroboration requirement because we do not generally in law subscribe to a quantitative theory of evidence, where the evidence or testimony of...

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: We did not get a chance to discuss it. If the House is prepared to-----

Seanad: Perjury and Related Offences Bill 2018: Committee Stage (17 Apr 2019)

Charles Flanagan: I accept what the Senator said. The penalty proposed on summary conviction is a class B fine or imprisonment for a term not exceeding 12 months or on indictment a fine or imprisonment for a term not exceeding seven years or both. This is in line, as the Senator said, with the penalties in Northern Ireland. It has been designed to ensure all-island synergy in the offence imposed. However,...

Written Answers — Department of Justice and Equality: Residency Permits (17 Apr 2019)

Charles Flanagan: The Deputy will be aware from my response in September last year that it was open to the person concerned to write to the Irish Naturalisation and Immigration Service (INIS) of my Department in relation to their request for permission to reside in this State.  I understand there is no record of correspondence from the person concerned and it would appear the person's...

Written Answers — Department of Justice and Equality: Garda Data (17 Apr 2019)

Charles Flanagan: As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is...