Results 5,321-5,340 of 14,127 for speaker:David Stanton

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: I move amendment No. 2:In page 3, between lines 9 and 10, to insert the following: “Amendment of Criminal Justice (Public Order) Act 1994 3. The Criminal Justice (Public Order) Act 1994 is amended by the insertion of the following after section 4:“4A. (1) (a) Where a person—(i) is in custody in a Garda Síochána station having been arrested under section 24 or...

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: At the moment, no. It is proposed to include six hours, but the person can be released earlier if the person in charge at the Garda station believes they are no longer a danger to themselves or to others.

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: That is true. As I understand it, there is no limit.

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: There is a similar provision in the Road Traffic Acts.

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: The member in charge at the station has to make a call on that. It is their opinion. We are talking about somebody who is dangerously intoxicated and who would be a danger to themselves or to others if they were released. These are people who probably are not even aware where they are or what they are doing so for their own safety and for the safety of others, they can be looked after in...

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: I am a bit like Deputy O'Brien; I do not imbibe too often.

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: I know. To respond to Deputy Chambers's question, the position is that there are custody regulations in place and they allow the member in charge to seek medical treatment, where necessary. If the member in charge believes that somebody is at risk from the point of view of health or worse, they can and have to get medical attention. On the six hours issue, we had to strike a balance...

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: It is working well currently under the Road Traffic Act. It will have to be monitored but the experience and the advice is that it is working well under the other laws and we want to bring it under this one.

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: I move amendment No. 3In page 3, between lines 9 and 10, to insert the following: “Amendment of Criminal Justice (Drug Trafficking) Act 1996 4. Section 5 of the Criminal Justice (Drug Trafficking) Act 1996 is amended in subsection (1) by the substitution of “Sections 5, 5A, 6A” for “Sections 5, 6A”.”.

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: I thank Deputy Daly for proposing the amendment. She has put a lot of thought into it. I appreciate the aim of the proposal but I am concerned it may have unintended consequences. We may have to tease it out a bit more. The amendment would replace the requirement in section 6(1)(b) of the Bail Act that bail conditions be considered "appropriate" with a requirement they be considered...

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: I have listened carefully to what Deputy Clare Daly has said. The Deputy is proposing the deletion of the new Garda power of arrest, that will be inserted by section 3 of the Bill into section 6 of the Bail Act 1997. The provision would allow a member of the Garda Síochána to arrest, without warrant, a person who has been released on bail where the member reasonably suspects that...

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: I thank the Deputy for proposing the amendments, both of which relate to the electronic monitoring provisions contained in the Bail Act 1997. As the Tánaiste outlined to the House on a number of occasions, electronic monitoring has its limitations, but as the Deputy pointed out, it has the potential to be effective when applied in certain circumstances. That is the basis for the...

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: As colleagues have said, this is something that will only be granted on application by the prosecution. That will enable it to be managed and controlled. I do not believe it will be widely used; rather, it will only be used in the case of serious crimes. As Deputy Jim O'Callaghan said, it is an alternative to incarceration. I have seen the system in operation in other jurisdictions and it...

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: I listened very carefully to what Deputy Daly had to say. The Deputy's amendment seeks to oblige the Minister for Justice and Equality to undertake a review of bail supports available and to make costed recommendations to Government with regard to improving the provision of such services. I am sure the Deputy is aware that there are no specific bail support schemes for adults, such as those...

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: In respect of Deputy Jonathan O'Brien's point, there is a requirement that there be a report on the operation of every item of legislation within 12 months. That is there in any event. In this instance, there are no bail supports available so we cannot report on something that does not exist. Bearing in mind interesting points the Deputy raised, perhaps the committee might be interested in...

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: I thank the Deputy for tabling these amendments and for the work and thinking she has put into them. As she outlined, the purpose of amendments Nos. 9 and 10 is to require that the reasons given by a court for granting or refusing bail and for imposing any bail conditions under section 6 be in writing. I understand the Deputy’s reasons for wanting to include such a requirement. She...

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: I note that amendment No. 11 is also being discussed. Does the Chairman wish me to comment on that before we proceed?

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: I did not comment on amendment No. 11 earlier.

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: There might be something a bit different in amendment No. 11

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

David Stanton: Amendment No. 11 would replace the reference to "any conditions" with the words "each condition" in section 6. It would appear that the aim of the amendment is to ensure that separate reasons would have to be given for each condition rather than giving reasons for the imposition of conditions generally. However, in the context in which it is used here, I am of the opinion that the meaning...