Results 5,381-5,400 of 16,849 for speaker:Dermot Ahern

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: We can look at the dates for which the defence must make a response. There is an onus on the prosecution to stick to the 23-day notice, which is pretty stringent. We will look at it on Report Stage.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: Equally, we do not want it to be used as an opportunity to string out trials needlessly.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: This amendment amends the Schedule to the Criminal Justice Act 1951 by inserting a new paragraph that refers to the common law offence of breach of the peace. The Schedule in the 1951 Act lists offences which may be tried either as summary or indictable offences. Section 2 of the 1951 Act sets out the procedure on whether to proceed on indictment or by way of a summary case. The decision...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: The purpose of this amendment is to add three offences of a terrorist nature to the Schedule. The Schedule lists the offences in respect of which the DPP may seek to quash an acquittal and seek a retrial on the basis of new and compelling evidence. The threshold for the inclusion of offences in the Schedule is that a maximum sentence of life imprisonment applies on conviction with the...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: The amendment makes the necessary alterations to the Long Title to reflect the amendments introduced.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I have looked at the section very carefully with respect to retrospective action. People understand that with criminal law generally, the principle of legislating from a retrospective point of view is impossible. Somebody can only be convicted of a crime on the basis of the legislation in place at a particular time. That is a general point. There is an issue in this legislation regarding...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I do not have a copy of the Constitution to hand but a separation of powers between the courts, the Executive and the Oireachtas is clearly indicated in the Constitution. By making criminal laws retrospective, in effect this is an interference in the power of the courts to hand down judgments. This is an infringement of the Constitution and also a possible infringement of a person's...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I suggest to the Senators that they perhaps take their own distinct legal advice although I accept that Senator Regan has a legal training. There is clear case law to support the issue. The Senators are asking for the Oireachtas by legislation to possibly overturn previous decisions made before the passing of this Act. I can put it no better than Mr. Justice Lynch in his 1994 judgment in...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I cannot. Members have never been given a copy of the Attorney General's advice.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I can add no more to what I said. I will consider the matter before Report Stage.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: The Senator is seeking to remove the criterion for an appeal to the Supreme Court by either party for an application for a retrial order. The criterion is long established, namely, that the court, the Attorney General or the Director of Public Prosecutions must certify that the determination involves a point of law of exceptional public importance and that it is in the public interest that...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: Did we not discuss this amendment?

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I did.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I did.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I responded earlier when the amendment was moved. I made the point, as acknowledged by Senator Bacik, that there was an inequality of position.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: There is a time-honoured filtering mechanism, whereby matters are only referred to the Supreme Court on a point of law of exceptional public importance and where it would be in the public interest that an appeal be taken to it. That filtering mechanism has worked well since 1924. I accept what Senators Bacik and Regan have said about this being a new move in that it will abolish the rule...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: Senator Bacik remarked that she changed her view as she spoke. Equally, I acknowledged to my officials that we would consider restricting it to the court. The amendment is better than the proposal made earlier. We will consider the matter and revert to the Attorney General's office in respect of the more recent proposal.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: If one were to extend the logic of Senator Bacik's argument regarding the arrest of people under this section, no one could be arrested prior to being charged, leaving aside the procedure for a retrial under this legislation. Obviously, the Garda is entitled to arrest someone in accordance with the law to question him or her, or else it would not have the ability to solve crime. Senator...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I accept the Senator's comments. The Courts Service was not the only body responsible for that tremendous building which will stand the test of time and which will represent the modern day equivalent of the Four Courts. I will read from my speaking note in respect of amendments Nos. 18 to 31. It is important to put on record my views such that on Report Stage and in the other House my views...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: Without going over the area again, having been in this office for more than 18 months, I see very clearly why, in the context of the Lisbon treaty, we decided to ask for particular arrangements in the justice and home affairs area, especially in regard to criminal law. That shows clearly we have a very distinct type of legal system which is very different from that in mainland Europe. In...