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Seanad: School Accommodation. (6 Apr 2006)

Joanna Tuffy: I am sure the Minister of State is familiar with the issue I would like to raise, which is pretty self-explanatory, because the school in question is quite near his locality. I refer to St. Andrew's Church of Ireland national school, which has been located in a building in Lucan for as long as I can remember. While new national schools have been developed in the Lucan area as its population...

Seanad: School Accommodation. (6 Apr 2006)

Joanna Tuffy: The Minister of State just added something to the script. I thought his reference to councillors was about land being zoned nearby. The school deserves to have accommodation in its own right and should not be linked with any other requirements.

Seanad: Youth Affairs: Statements. (6 Apr 2006)

Joanna Tuffy: I welcome this debate. Senator Fitzgerald has commented that it is the first debate he can recall on this issue in this House, and it is a matter which we should debate regularly from now on, perhaps every few months or once a year. We often debate issues relevant to young people, and Senator Fitzgerald mentioned that we have many debates on third-level education and so on. All issues are...

Seanad: Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Apr 2006)

Joanna Tuffy: I refer to the definition of "mental disorder" and the amendment tabled by my colleague, Deputy Costello. I thank the Minister for making the amendment. I do not believe the term "mental handicap" is a derogatory one. However, in modern discourse, it has become a term which is considered inappropriate and in light of that, it was correct to make that amendment; I appreciate the issue was...

Seanad: Criminal Law (Insanity) Bill 2002 [Seanad Bill amended by the Dáil]: Report and Final Stages. (6 Apr 2006)

Joanna Tuffy: I wish to add to the comments of the other Senators. I thank the Minister and his staff for their work on this legislation, particularly the changes made on foot of suggestions made by the Opposition, including the Labour Party, during the debates in both Houses. I commend Senator Henry on her contributions to this debate, to which she brought a great deal of expertise.

Seanad: Order of Business. (5 Apr 2006)

Joanna Tuffy: I ask the Leader for an update on the report on Seanad reform. A couple of years ago the Leader was personally associated with reports that the Seanad was to be reformed. It was stated at the time that the Minister, Deputy Cullen, was to oversee this reform and the Taoiseach was to be involved in some way. This was to be done in the lifetime of this Seanad but the report has been left on the...

Seanad: Order of Business. (5 Apr 2006)

Joanna Tuffy: ——talking again about the need for Seanad reform.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I have similar concerns to Senator Cummins. While my amendments are slightly different, they propose to address the same issues. On Second Stage, I raised my concerns about these sections which I propose to amend. On amendment No. 22, I believe the section is flawed in that it does not limit the purposes for which the information can be used pending the Minister's decision. As I pointed out...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I also thank the Minister for agreeing to examine the issues raised before Report Stage. He is protective of our legal system in other fora and my concern is that powers will be provided to other states that may apply a different set of standards than Ireland in dealing with legal issues. This legislation could give them scope to do that. I am all in favour of co-operation with other...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 25: In page 35, between lines 4 and 5, to insert the following new paragraph: "(a) an order under section 2 or 3 of the Proceeds of Crime Act 1996,". We put down this amendment because it is not clear why a proceeds of crime order is not included in the definition of a freezing order. This amendment corrects that.

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 28: In page 38, subsection (5), line 40, after "1994" to insert "with any necessary modifications". We believe part of the section, as it stands, is inappropriate. In that regard I refer to section 42(5)(b) which includes the words "with any necessary modifications". As it is included in this section, we believe it is also appropriate to include it in section 33(5) after...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 29: In page 45, subsection (6), line 10, to delete "other than money". The powers in section 42(6) could relate to money. Therefore, we believe there is no reason to provide that they do not apply to money. What is the reasoning behind providing for the confiscation of property "other than money"?

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 30: In page 49, subsection (8), line 28, after "admissible" to insert ", provided that no statement insofar as it consists of or includes a statement controverted by the defendant in proceedings shall be admissible under this section unless the defendant was afforded the opportunity to exercise the rights referred to in subsection (10)(a)". This section purports to make...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I have a question for the Minister. I can see what he is saying about subsection (10) but the section refers to "without further proof". The court can consider the evidence but the section does not allow for there being further proof. Can the Minister address that issue?

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 34: In page 71, between lines 6 and 7, to insert the following new subsection: "(13) Where a document served pursuant to this section directs or requests the person to whom it is addressed to attend a hearing in a designated state, the document shall be served a reasonable time prior to the hearing in the designated state concerned and in any event at least 14 days prior...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 35: In page 79, lines 31 to 34, to delete subsection (4). The Labour Party believes subsection (4) is meaningless. The subsection is designed to discourage judges from operating the section and we suggest it is deleted. What is the purpose of section 83 if subsection (4) is left in it?

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: Why would the Minister apply in the first place if it was inexpedient?

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 36: In page 81, between lines 7 and 8, to insert the following new subsection: "(2) The amendments effected by subsection (1) of this section shall not affect any order made prior to the commencement of this section, but on or after the commencement of this section, the court may make such amendment to such order, or such further order, as may be appropriate in the...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: I move amendment No. 3: In page 16, subsection (1)(b)(II), lines 8 and 9, after "torture" to insert "or to inhuman or degrading treatment or punishment". The definition of "torture" in Irish law is fairly narrow and the Minister is proposing to narrow it even further in the Criminal Justice (Mutual Assistance) Bill. His proposed amendment to the definition is not appropriate and I ask him to...

Seanad: Criminal Justice (Mutual Assistance) Bill 2005: Committee Stage. (30 Mar 2006)

Joanna Tuffy: What is the Minister's response to my point that his definition is too narrow?

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