Results 6,481-6,500 of 9,252 for speaker:Jim O'Callaghan
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: What about making it a penalty or part of a sentence for murder?
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: What about it? If we approach it in a different way, from the criminal court-----
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: Let us say we have a situation where a couple has no children, one of them is responsible for killing the other and they have a joint tenancy. Let us assume that he inherits the interest in the asset.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: Yes, his half. What happens when he dies?
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: What if there are no children? That becomes his asset.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: He gets the benefit of his wrongful act. Is that the case?
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: I would have thought he had an interest in a joint tenancy.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: Now he has a full interest in that joint tenancy, or rather there is no longer a joint tenancy and his interest is full.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: What about on the other side?
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: What if there are no children?
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: Sorry, I know Mr. Byrne was trying to get in.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: I thank Ms Doyle for that intervention. She has articulated the matter far better than I have. Professor Mee made several points. I will take them on board but I do not think it means the legislation is condemned. Professor Mee made the point that it does not apply to any person who aids, abets, counsels or procures the commission of an offence. I am conscious of the discussion within...
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: It is from the date the offence was committed.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: It is in section 46C(1)(a). I do not think that is problematic. I do not think it is an issue that there is a severance and it is identified as being severed from the date of the offence. It does not really alter it. Obviously, there is a process for a court to determine whether it should stand severed, but if the court, based on the evidence, reaches a conclusion that the provision...
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: It is for the benefit of people, primarily the families, to bring an application. There may be situations where people do not bring an application.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: It remains as was identified by Professor Mee, that the joint tenant ultimately assumes their own interest and the interest of the other joint tenant.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: It is that there would be a roadmap for people to bring an application.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: Does Ms Doyle believe the legislation should only be amended to include situations such as joint tenancies?
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: Concluding remarks, as the Chairman would say.
- Joint Oireachtas Committee on Justice, Defence and Equality: Scrutiny of the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill 2017 (27 Mar 2019)
Jim O'Callaghan: I thank Ms Helen Doyle, Mr. Noel Byrne, and Professor John Mee for coming in, for their detailed consideration of the legislation and for the written reports they have prepared in respect of it. I am not in any way proprietorial or sensitive about it. The most important thing is that if we are introducing legislation, we get it right. We will take on board everything that has been said...