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Written Answers — Department of Agriculture, Food and the Marine: Animal Welfare (6 Apr 2017)

Clare Daly: 272. To ask the Minister for Agriculture, Food and the Marine his plans to appoint welfare inspectors in each county to enforce the provisions of the Animal Welfare Act 2013. [17176/17]

Written Answers — Department of Agriculture, Food and the Marine: Live Exports (6 Apr 2017)

Clare Daly: 274. To ask the Minister for Agriculture, Food and the Marine his views on recent media reports (details supplied) of Irish animals exported to the Middle East being slaughtered in breach of EU regulations; if he will consider banning live exports to these destinations and replace with meat exports; and if he will make a statement on the matter. [17215/17]

Select Committee on Justice and Equality: Courts (No. 2) Bill 2016: Committee Stage (5 Apr 2017)

Clare Daly: Maybe it is a discussion for another day. The anomaly still exists. I got a summons but I never got a fixed charge notice. That was relatively recently – just before Christmas. I get enough fixed charge notices, but I definitely did not get the notice in question. I am well aware that was the case. When we raised it with the Garda Commissioner last week, her answer basically...

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

Clare Daly: This might be a really stupid question but currently under the legislation, is a test done or what is the basis on which a garda can decide whether somebody is intoxicated?

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

Clare Daly: The problem is that all these discussions are taking place against the backdrop of a massive lack of confidence in An Garda Síochána and members' discretionary powers. That makes it difficult. I was arrested under suspicion of drink driving a number of years ago. I was not and was well under the limit but when I was leaving the station the sergeant told me to come back when I was...

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

Clare Daly: I move amendment No. 4:In page 4, between lines 12 and 13, to insert the following:“(a) in subsection 1(b) by the substitution of “considers necessary and proportionate” for “considers appropriate”,”. This amendment might seem like a small change but it feeds into the discussions we have been having on penal policy regarding how justice committees...

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

Clare Daly: Even after our discussion, I am not clear what the consequences may be, unintended or otherwise. It is not only about limiting the conditions but also about making sure they are not unreasonable and that people will be able to comply with them. It has to be seen in the context of later amendments which raise the issue of bail supports. Bail supports have been demonstrated to have the...

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

Clare Daly: What do I have to do to have the right to bring it back on Report Stage?

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

Clare Daly: If I press it now and do not push it to a vote, it can still be re-entered. I will do that.

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

Clare Daly: I do not understand that.

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

Clare Daly: No, I will call a vote. I am not really sure what is happening from a procedural point of view.

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

Clare Daly: I move amendment No. 5: In page 4, to delete lines 31 to 39, and in page 5, to delete lines 1 to 7. This amendment seeks to remove the new subsection (10) of section 6 of the Act, which the Government seeks to introduce to provide for a new power of arrest without warrant by gardaí for breach of bail conditions with the qualifier that the garda must consider the arrest necessary to...

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

Clare Daly: I will have a look at it again. I think gardaí do have powers of arrest. However, it is the power without warrant that we are talking about here. The provision is too broad. There are already provisions in place for dealing with people who break their bail conditions. All I am saying is that that should apply. I am happy to withdraw the amendment for now. We can come back to it...

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

Clare Daly: I move amendment No. 6:In page 5, between lines 12 and 13, to insert the following: “5. Section 6B of the Act of 1997 is amended by the insertion of the following subsections after subsection (1):“(1A) In imposing the conditions in subparagraphs (i) to (iii) of section 6B the Court shall have regard to the following:(a) that the type and modalities of tagging are proportionate...

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

Clare Daly: The objection to amendment No. 6 is that the situation is provided for, but if that is the case then I do not have any problem in seeing why it cannot be spelled out in legislation. While one would assume the courts would take such considerations into account there is no guarantee and a legislative foundation for that would not be any harm. Data protection is particularly important in this...

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

Clare Daly: I move amendment No. 8:In page 5, between lines 12 and 13, to insert the following: “Amendment of Act of 19975. The Act of 1997 is amended by the insertion of the following new section after section 11: “12. The Minister shall, within 12 months of the enactment of this Act, lay before the Oireachtas a review of bail supports available in the State, to include but not limited...

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

Clare Daly: It can be included in that. Obviously, one cannot review nothing. That is a pretty serious indictment of our system. One does not need to be a rocket scientist to know that this is the key way to ensure that bail conditions are adhered to and it works particularly well with vulnerable groups. We have the children and young people's part, which is key, but those with chaotic lifestyles or...

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

Clare Daly: I will withdraw it on that basis but I will submit a rewording. The Minister of State might like to put in something himself because it is not specifically provided for in the Bill. We need to reach a position where we cannot talk about bail without bail supports.

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

Clare Daly: I move amendment No. 9:In page 7, line 4, after "reasons" to insert "in writing". These amendments provide that a judge must give his or her reasons in writing for decisions to grant or refuse bail. The reason they should be in writing relates to transparency. It promotes public confidence in the system. In some instances, it would give victims a greater understanding of why a judge...

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

Clare Daly: They are all the same.

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