Results 5,401-5,420 of 16,849 for speaker:Dermot Ahern

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

Dermot Ahern: I do not wish to repeat myself but if we were to put this on a statutory basis, we would create more restricted bureaucratic procedures and a basis for challenge by the legal profession. We would remove the flexibility that exists in the system at present. There was a time when victims were not notified or given a liaison officer but that has changed dramatically in the past several years,...

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

Dermot Ahern: I do not propose to accept the amendment. The balance in the criminal law group indicated the court process for setting aside an earlier acquittal and ordering a new trial should be dealt with by the Supreme Court. However, I am advised by the Attorney General that the constitutionality of so allocating that role is questionable because Article 34.4.1° of the Constitution identifies the...

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

Dermot Ahern: A recent report by the working group on the court of appeal, chaired by Mrs. Justice Susan Denham, published last August, acknowledged the necessity for a court of civil appeal. While the report rejected some criticism of the court, particularly in respect of giving ex tempore judgments, it does take the view that a permanent team of judges would lead to a more comprehensive development of...

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

Dermot Ahern: We asked the Parliamentary Counsel to examine this amendment and it said the addition is not necessary. We are here concerned with the basis for an application by the prosecution for a re-trial order under section 8. It goes without saying that we are concerned with the case being made by the prosecution in the original trial and what was or should have been adduced by the prosecution in...

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

Dermot Ahern: In the UK two convictions after re-trial have been obtained and one re-trial is still outstanding and has been ordered. The Senator proposes that two types of evidence, DNA and confession, be inserted as examples of what might constitute new and compelling evidence. I am aware the balance in the Criminal Law Review Group when recommending that the rule against double jeopardy should be...

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

Dermot Ahern: There are two significant conditions built into the Bill. The DPP can only make the application where it appears to him that there is new and compelling evidence and that it is in the public interest to make the application. There are several significant safeguards in the Bill from the perspective of the acquitted person. First, the possibility of an acquittal being reopened on the basis...

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

Dermot Ahern: With respect, perhaps we could deal with this issue when dealing with section 8. I raised it in the context of trying to outline to Members the safeguards for acquitted persons in regard to the possibility of a retrial. Section 8 deals with the issue of retrospection so perhaps the issue would be best dealt with at that stage and we can also deal with section 16.

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

Dermot Ahern: The Senator anticipated my use of the word "unnecessary". We believe it is inappropriate in criminal proceedings legislation. The words which the amendment proposes to insert sometimes appear in legislation but dealing only with a civil proceeding. They would be unusual in the criminal context, the reason being that it is taken for granted, unless the contrary is stated, that a person who...

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

Dermot Ahern: We believe the amendment is unnecessary. There is a similar provision in section 9(7) dealing with tainted evidence acquittals, but for some reason the Senator has not proposed an amendment to it. The person's absence may be due to him or her having absconded and fled the jurisdiction, and such action on the part of the acquitted person should not have the effect of vetoing a hearing of the...

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

Dermot Ahern: Perhaps the person absconded on purpose knowing that an application was to be made.

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

Dermot Ahern: No.

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

Dermot Ahern: For a moment I expected to witness the political equivalent of a lunar eclipse because I thought Senator Bacik was going to compliment the Minister for the criminal courts complex and for the fact that he and his predecessors have been able to find the resources for it.

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

Dermot Ahern: It was a PPP, a public private partnership, process and next year we will make the first down payment. The Minister has been able to find the resources to meet the repayments.

Written Answers — Legal Documents: Legal Documents (2 Dec 2009)

Dermot Ahern: I am not in a position to provide legal advice in response to Parliamentary Questions. However, I can say that the Superior Court Rules (Order 79, Rule 41) provide that a person intending to oppose the issuing of a grant of probate or letters of administration may either personally or through a solicitor lodge a caveat in the Probate Office or in a District Registry.

Written Answers — Garda Strength: Garda Strength (2 Dec 2009)

Dermot Ahern: I am informed by the Garda Authorities that the area referred to by the Deputy, is located within the Dublin Metropolitan Region North policing Division which is policed by the Raheny, Santry and Coolock Districts. The total strength and number of Gardaí dedicated to Community policing in those Districts, as of the latest date for which figures are readily available, is shown in the table...

Written Answers — Garda Strength: Garda Strength (2 Dec 2009)

Dermot Ahern: I propose to take Questions Nos. 208 to 210, inclusive, together. I am informed by the Garda authorities, that the number of Gardaí assigned to the Mayo Division as at 31 December 2007 - 2008 and to-date in 2009 together with the number of retirements, is as set out in the attached table. Strength C/Supt Supt Insp Sgt Garda TOTAL 2007 1 6 5 51 250 313 2008 1 5 6 51 266 329 2009* 1 6 5...

Written Answers — Residency Permits: Residency Permits (2 Dec 2009)

Dermot Ahern: The Irish immigration system makes no distinction between heterosexual and same-sex partners. A non-EEA national may be granted permission to remain in the State as the partner of an Irish citizen. Each case is assessed on its merits and what counts is that the partnership is genuine and that the partnership has existed for at least two years. It is a matter for the applicant to prove the...

Written Answers — Deportation Orders: Deportation Orders (2 Dec 2009)

Dermot Ahern: The number of Deportation Orders signed in 2008 was 757, and in 2009 (to 31 October), a total of 939 were signed. In 2008, 161 deportations were carried out, while in 2009 (to 31 October) a total of 240 deportations took place. In some instances these deportations were carried out on foot of Deportation Orders that had been signed in previous years. The number of asylum applications...

Written Answers — Public Order Offences: Public Order Offences (2 Dec 2009)

Dermot Ahern: I am informed by the Garda authorities that the location referred to is in the Clontarf Sub-District. Local Garda management is aware of anti-social behaviour at this location, and the area has been designated a public order hot-spot. Any complaints received in respect of anti-social behaviour in the area will continue to be investigated by An Garda Síochána. A member of the local...

Written Answers — International Agreements: International Agreements (2 Dec 2009)

Dermot Ahern: I refer the Deputy to the reply to Questions Nos: 195 and 196 of 1 December 2009. I have nothing to add to the details of that reply.