Results 5,841-5,860 of 16,849 for speaker:Dermot Ahern

Written Answers — Refugee Status: Refugee Status (5 Nov 2009)

Dermot Ahern: The Irish Naturalisation and Immigration Service (INIS) informs me that the person in question was refused Refugee Status in 2003 and is therefore not entitled to be issued with an Irish Travel Document. The person concerned was granted temporary permission to remain in the State on 19 February 2009 for 3 years until 19 February 2012. In exceptional cases an application for an Irish temporary...

Written Answers — Citizenship Applications: Citizenship Applications (5 Nov 2009)

Dermot Ahern: A valid application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in October 2008. All valid applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 24 months. More complicated...

Written Answers — Citizenship Applications: Citizenship Applications (5 Nov 2009)

Dermot Ahern: A valid application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in February 2007. All valid applications are dealt with in chronological order as this is deemed to be the fairest to all applicants.The average processing time from application to decision is now at 24 months. More complicated...

Written Answers — Citizenship Applications: Citizenship Applications (5 Nov 2009)

Dermot Ahern: A valid application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in February 2007. All valid applications are dealt with in chronological order as this is deemed to be the fairest to all applicants. The average processing time from application to decision is now at 24 months. More complicated...

Written Answers — Road Traffic Offences: Road Traffic Offences (5 Nov 2009)

Dermot Ahern: In the time available it has not been possible for the Garda authorities to provide the information requested by the Deputy in relation to the number of Garda checkpoints which have been specifically put in place to breathalyse for drunk driving in specific areas referred. I will be in contact with the Deputy when the information is to hand. An Garda Síochána is engaged in a procurement...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: The Senator proposes that we include a specific reference to offences under the Non-Fatal Offences Against the Person Act 1997 in subsection (1)(b) of the new section 5 proposed to be inserted in the Criminal Justice Act 1993 by section 4 of this Bill. As it stands, section 5 applies to sexual offences, offences involving violence or the threat of violence and offences consisting of attempts...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: I am advised the amendment is not necessary, as it is always recognised that an application can be made on behalf of a person by his or her legal team or a family member. This is not a provision for which I would die in the ditch, so to speak. I suggest the usual formula in such legislation is "by the person" and that the court has inherent discretion to allow a legal representative, an NGO...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: The purpose of the first amendment is to clarify who may make a victim impact statement on behalf of a person with a mental disorder, whether that person is a child or an adult lacking capacity. As subparagraph (II) is currently framed, the person himself or herself, a guardian or a family member may make this statement. The inclusion of guardian with respect to adults lacking capacity...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: The reason for the reference to 14 years of age is because in the Criminal Justice Evidence Act 1992, a distinction is made between children above and below the age of 14 years. We are passing that distinction into the legislation.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: The proposed section 5(3)(b)(iv) provides that where a victim has died as a result of an offence, a family member may make an oral statement as to the affects of the offence concerned on family members. As the Senator indicated the provision does not take into account a situation in which the death of a victim, although resulting from the defendant, occurs sometime after the offence and he...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: Senator Bacik took the words right out of my mouth as this amendment is completely unnecessary and in a way, its acceptance potentially would tie the hands of the presiding judge. The Senator is correct that a controversy arose a number of years ago in which the mother of a deceased boy added additional material that had not been notified to either the prosecution or defence legal...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: It is better to leave it up to the discretion of the judge. The Senator's amendment merely restates the existing law and I do not believe it adds anything in this regard.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: Section 5 of the 1993 Act places a mandatory obligation on a judge to take account of victim impact evidence with regard to sexual and violent offences. These are the categories of offences in which such a mandatory regime is most appropriate. This statutory obligation does not prevent a judge from taking victim impact evidence into account in other cases if he or she considers such...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: The word competent encompasses expertise, training or experience. We can rely on the Courts Service to appoint persons capable of performing the role. Sections 5 and 6 seek to apply the provisions of sections 13 and 14 of the Criminal Evidence Act 1992 to vulnerable victims when making their victim impact statement. Sections 13 and 14 apply when a child or a person with a mental disorder...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: I will leave this matter until Report Stage but there is not much between us.

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: I can understand the effort by the Senator to have this principle discussed but this has been examined in recent years and the strong conclusion is that there are constitutional impediments to full separate legal representation for a complainant during the duration of a trial. The weight of legal advice available to the Department is that full separate legal representation would tilt the...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: I thank Senators for their contributions, and express my thanks to Senator Regan for his remarks on the first amendments that were moved on the basis of the spirit in which we are trying to improve this Bill. To answer the Senator on the issue of character evidence and what he referred to as dropping the shield, Government amendment No. 47 deals with this by inserting the following into the...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: Senator Regan acknowledges that the victims charter contains substantial detail. As I indicated, the charter is being reviewed by the Commission for the Support of Victims of Crime. It is hoped the revised version which will take into account developments at Oireachtas and European Union level will be published in the first quarter of 2010. I do not accept Senator Bacik's view that Garda...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: Again, we will beg to differ. On the point I made, I do not think one could equate amendment No. 50, which is pretty definite and tries to bring clarity to the serving of a book of evidence, with these amendments. On the point I made on whether this could be used by an offender, if he or she had a very busy legal team, he or she could suggest that in fulfilment of the proposed section 7(1)...

Seanad: Criminal Procedure Bill 2009: Committee Stage (4 Nov 2009)

Dermot Ahern: Equally, it makes it more definitive. On the framework decision, compliance with it does not necessitate legislation. One also has to take into account the fact that our legal system is not similar to the type of legal systems on mainland Europe. While we have sympathy with the sentiments of these amendments and I would not want it thought that we would go against any of the suggestions in...