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Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Irish Prison Service Bill and of the Criminal Justice (Legal Aid) Bill: Discussion (3 Oct 2023)

Barry Ward: Can I make one comment?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Irish Prison Service Bill and of the Criminal Justice (Legal Aid) Bill: Discussion (3 Oct 2023)

Barry Ward: On head 29 and the expert witness procedure, I agree with what the Bar Council has said about the way it is currently worded. I also think that the practical experience of many practitioners has been extraordinarily frustrating because when you are dealing with a body that is not in the court, as opposed to a judicial figure who has a much greater understanding of how a trial runs and what...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Irish Prison Service Bill and of the Criminal Justice (Legal Aid) Bill: Discussion (3 Oct 2023)

Barry Ward: I do not want to deny an opportunity for Mr. Condon to respond.

Seanad: Nithe i dtosach suíonna - Commencement Matters: Healthcare Policy (28 Sep 2023)

Barry Ward: Cuirim fáilte roimh an Aire Stáit. I am grateful to the Minister of State for coming to the Chamber to deal with this issue. I used the term "breastfeeding" in my Commencement matter submission but I am really talking about child-feeding and child-changing facilities. As a new parent, I am acutely aware of this issue, and the Minister of State will also be familiar with the...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Healthcare Policy (28 Sep 2023)

Barry Ward: I thank the Minister of State. I acknowledge that, as he said, next week is National Breastfeeding Week. We have lower rates and I recognise programmes are in place to encourage it. My wife's experience and mine is that breastfeeding is very much encouraged in our local area. We live in Dún Laoghaire and businesses in that area want to provide facilities for people who are...

Seanad: Garda Síochána (Recording Devices) Bill 2022: Second Stage (26 Sep 2023)

Barry Ward: Cuirim fáilte roimh an mBille seo ar son Fhine Gael. We are dealing with important legislation of which the Minister has brought us through the main provisions. It is to be welcomed. Probably the most - I do not want to say newsworthy - prominent aspect of the Bill is the provision of body cameras for gardaí. This is something that has been part of a debate on policing for some...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I thank the Minister for accepting my amendments. I appreciate that they are not of enormous gravity. On that basis, however, I am not inclined to push amendment No. 19. I accept what the Minister said and I am not sure very much turns on it in any event.

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I move amendment No. 2: In page 6, between lines 8 and 9, to insert the following: “Repeal of section 4 of Offences against the Person Act 1861 3. Section 4 of the Offences against the Person Act 1861 is hereby repealed. I am looking forward to the same spirit of co-operation from the Minister with regard to this amendment. Essentially, what this amendment does with regard...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I move amendment No. 3: In page 6, between lines 12 and 13, to insert the following: Conspiracy to murder 4.(1) A person who conspires, or otherwise agrees, whether in the State or elsewhere, with one or more persons, to murder, is guilty of an offence irrespective of whether a murder actually takes place or not. (2) Subsection (1)applies to a conspiracy committed outside the State...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I move amendment No. 13: In page 20, line 9, to delete “a”.

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I move amendment No. 14: In page 20, to delete lines 13 and 14 and substitute the following: “(2) An application under subsection (1)may be made ex parteor on notice to the respondent concerned.”. These amendments relate to section 27, which creates a power for orders to be made. These amendments relate specifically to the mechanics of making those orders. In section...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: Is the Minister suggesting that my amendment is imperfect?

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I appreciate very much what the Minister has said. I also appreciate that action will be taken. On that basis, I am happy to withdraw the amendment.

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I move amendment No. 16: In page 20, between lines 14 and 15, to insert the following: "(3) The court, on application to it under subsection (1)for an order under this section, may, where it is of the opinion that it is necessary and proportionate to do so, require that the application be made inter partesor on notice to the respondent concerned.".

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I move amendment No. 18: In page 20, line 23, to delete "the applicant, or where relevant, a person" and substitute "the applicant or, where relevant, a person"

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I move amendment No. 19: In page 21, line 3, after "to" where it secondly occurs to insert "both".

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: This is an important section and it is worth marking its passage. No amendment to it has been tabled but it is a very important measure that the Minister has put into the Bill. It is with regard to creating an environment where witnesses feel they can come forward and that when they do they will avail of the protection of the court system, never mind the State and whatever prosecutorial...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: It is worth noting as well that this is an important new provision this legislation will provide. As somebody who practices in the criminal courts, it is important to remember that the value of cross-examination cannot be underestimated. It is incredibly important for those accused of crimes to have the right to face their accuser and essentially test the evidence their accuser is giving....

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I move amendment No. 21: In page 30, between lines 2 and 3, to insert the following: “Power for Minister to amend the Judges’ Rules by regulation 50.(1) The Minister may, where he or she feels it is in the interests of justice and efficiency, make regulations under this section, to amend Rule 9 of the Judges’ Rules to allow for the taking of statements from a...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I move amendment No. 22: In page 30, between lines 2 and 3, to insert the following: “Amendments to Firearms Acts 1925 to 2006 50. The Firearms Acts 1925 to 2006 are amended— (a) by the repeal of subsections (12), (13) and (14) of section 12A of the Firearms and Offensive Weapons Act 1990 (as inserted by section 65 of the Criminal Justice Act 2006 and subsequently...

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