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Criminal Justice Bill 2004: Motion. (28 Mar 2006)

Joe Costello: Fair play to the Minister. He referred to the DNA database Bill——

Criminal Justice Bill 2004: Motion. (28 Mar 2006)

Joe Costello: The DNA database Bill is also coming, like Christmas. There is no provision for something like restorative justice, which would have been good. While we have had to wait a long time, many items are not included. We can examine the legislation only in the context of what is happening in society. The situation regarding criminal activity is unattractive. While the Minister says headline...

Criminal Justice Bill 2004: Motion. (28 Mar 2006)

Joe Costello: We would expect no less.

Written Answers — Bench Warrants: Bench Warrants (23 Mar 2006)

Joe Costello: Question 162: To ask the Minister for Justice, Equality and Law Reform the circumstances whereby a bench warrant was issued for the arrest of a person (details supplied); when the warrant was issued; the reason the warrant was issued; the further reason the warrant was not executed; and if he will make a statement on the matter. [11443/06]

Written Answers — Bench Warrants: Bench Warrants (23 Mar 2006)

Joe Costello: Question 163: To ask the Minister for Justice, Equality and Law Reform the number of bench warrants and committal warrants which were executed during the month of March 2006; and if he will make a statement on the matter. [11444/06]

Written Answers — Tribunals of Inquiry: Tribunals of Inquiry (23 Mar 2006)

Joe Costello: Question 164: To ask the Minister for Justice, Equality and Law Reform the modules that are outstanding and remain to be dealt with by the Morris tribunal; when he expects the final report; and if he will make a statement on the matter. [11445/06]

Written Answers — Tribunals of Inquiry: Tribunals of Inquiry (23 Mar 2006)

Joe Costello: Question 165: To ask the Minister for Justice, Equality and Law Reform the amount spent on the Morris tribunal in each year since the tribunal was established in 2002; the amount spent on the Carty inquiry; and if he will make a statement on the matter. [11446/06]

Written Answers — Garda Deployment: Garda Deployment (23 Mar 2006)

Joe Costello: Question 166: To ask the Minister for Justice, Equality and Law Reform the number of gardaí who are employed full-time as drivers for Government Ministers and for other persons holding State office; the guidelines or regulations which cover their employment; if there are requirements to carry out domestic or family duties; if he proposes to review the system; and if he will make a statement...

Accident and Emergency Services. (23 Mar 2006)

Joe Costello: I welcome to the House the Minister of State at the Department of Health and Children with responsibility for children, Deputy Brian Lenihan. I would have liked to see the Tánaiste and Minister for Health and Children here because this is such a serious issue. Next month, I will have been three years protesting outside the accident and emergency unit at the Mater Hospital. I have been there...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: I move amendment No. 34: In page 12, line 41, after "oath" to insert "or affirmation". This pertains to the question of having the choice of oath or affirmation. The Minister has stated that this is covered in the Interpretation Act. However, that Act merely states that the oaths and truths affirmation is for people who are entitled to affirm. That is not the same as including a general...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: That is my point. There is a precondition for someone——

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: The Minister will not start a legal revolution in the matter. My point is, where are the criteria for use of oath or affirmation? In fact, people take the oath or they affirm. Does a judge ask them their beliefs? This does not really happen in practice. In practice, they state that they wish to affirm. As it stands, a person is entitled to affirm if he or she is allowed by law to do so. That...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: We could spend a day on it but the point is that my amendment is the correct one. The Minister is telling me that he does not want to get into that business because it is a bit of a morass.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: That may well be the case. He is the Minister for Justice, Equality and Law Reform and he will be the one who will sort this out. There are no criteria, as I understand it, other than what is stated, which the Minister read out to me, to which nobody pays a blind bit of heed in any case. Will we give the general entitlement to people to affirm or to take an oath?

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: Then where do we stand on the matter? Perhaps the Minister would clarify it——

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: ——for the Judiciary all over the country and for every citizen who may or may not have the beliefs of their childhood or do not understand exactly what the law states about this. They still will not understand and if the judge states in court that if a person is entitled by law he or she can affirm, the person will ask how he or she is entitled by law to affirm. The judge would answer...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: While I will not press the Minister unduly on the matter at this time, it seems that the Interpretation Act leaves the question of oath and affirmation in something of a limbo. Certainly, it is unsatisfactory. Perhaps we might return to the matter.

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: I move amendment No. 35: In page 13, line 14, after "determined" to insert "by regulations made". This relates to where the review board reviews its functions under the Act. My amendment provides that its determinations will be "by regulations made" so that we will have something clear on paper. The Minister has already agreed to take on board my proposal that all the orders made under the...

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: If there is nothing specific in terms of their procedures, can we be clear on the criteria under which decisions are made? My amendment proposed that a review by the review board, subject to the provisions of this Act, would be such as shall be determined "by regulations made". Will the review board make this up as it goes along without us having any opportunity of seeing the criteria?

Criminal Law (Insanity) Bill 2002 [Seanad]: Report and Final Stages. (23 Mar 2006)

Joe Costello: I appreciate the amendment. It is worthwhile to highlight that the legislation is outside the scope of the FOI Act but it may come under it. Could the Parliamentary Counsel's office consider rephrasing this provision in legislation so every Bill presented to the House would be presumed to come within the remit of the FOI Act, unless specifically excluded? This would be proactive, given that...

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