Results 6,661-6,680 of 16,849 for speaker:Dermot Ahern

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: At that time, and in the space of two months, jury attendances had declined from one third to less than one fifth. In one instance where 350 people were called, 195 medical certificates were received. Every excuse in the book was offered in order that people might not be obliged to participate in these trials.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: It was stated that there was no hard evidence. Mr. Michael Murray stated that he is aware of one case in respect of which he was so concerned with regard to the level of intimidation that he made a report to the Garda authorities. Mr. Murray also stated that he asked the Garda to investigate a case where a person was acquitted in circumstances where it was clear to him that the jury was...

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: Neither I nor the Government can guarantee the constitutionality of the Bill. We bring forward legislation on the advice of the Attorney General. The latter is absolutely satisfied that the Bill will pass constitutional muster. Immediately following the murder of Roy Collins on 9 April, I clearly indicated that we intended to bring forward this legislation. The Taoiseach and I held a...

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: There will be many hours in which to debate Committee Stage and Report Stage.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: The Dáil devoted ten and a half hours to the debate on the legislation. We will suffer paralysis by analysis if we do not proceed. This is a time for action.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: People are suggesting that we should delay the passage of the legislation until September.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: We want this legislation to be passed in order that people might be charged-----

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: -----on the day following its enactment rather than next September. Criminal law is not retrospective.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: In such circumstances, there is no point in waiting until October to pass the legislation and then trying to convict people of trying to direct criminal organisations.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: The phrase "playing the man, not the ball" was used. There has been a major element of that in this House in recent times, not only in respect of this legislation but also in respect of that relating to blasphemy.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: I have no doubt that this Bill and that which relates to surveillance will prove significant. As stated previously, the legislation before the House will reduce the possibility of the necessity to have civilian witnesses in gangland trials. This, in turn, will reduce the possibility of criminals intervening and intimidating such witnesses.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: This is good legislation which will pass constitutional muster. Despite the histrionics of those who state that we do not have enough time-----

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: -----I am of the view that the vast majority of Members in this and the Lower House agree with the legislation. I have no doubt that a similar proportion of the people are in favour of the legislation. I cannot put it better than Steve Collins, the father of Roy, who stated that the only people who have to fear this legislation are the criminals.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: It is true that we were asked to include it in the Bill but we did not do so because it is completely different to try to prove that someone is a member of a terrorist or paramilitary organisation than to prove that someone is a member of a criminal gang; it is far more difficult to prove that somebody is a member of a criminal gang. That is why as an alternative to opinion evidence the...

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: It does not. The court has to establish whether the person has the expertise or the information.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: They could not get 12.

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: I am glad to present this Bill to the House. There has been much debate and commentary, inside and outside these Houses, concerning the content of the Bill and the process of its enactment. Regrettably, much of it has been misleading and, for that reason, I wish to clarify again the background to and purpose of this Bill and to confirm my conviction that there should be no delay in its...

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: Consequently, it is ludicrous to suggest delaying the Bill's passage until September because the courts are not sitting at present. Were passage of the Bill to be delayed until September and were something to happen in the next week or so, we would not be able to charge people with directing or participating in a gangland crime. The retrospectivity of legislation is very important in...

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: We also need to amend the provisions in regard to the offence of participation to effect the successful investigation of and prosecution for this offence. We cannot afford to delay such matters as this legislation is needed now. The Bill before the House also introduces amendments to detention and search powers that will, among other matters, address problems that have arisen during the...

Seanad: Criminal Justice (Amendment) Bill 2009: Second Stage (14 Jul 2009)

Dermot Ahern: That is not in the Bill and I wish people would stop stating it.