Results 661-680 of 1,421 for speaker:Barry Ward

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...

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

Barry Ward: I will move and withdraw my amendments.

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

Barry Ward: I move amendment No. 23: In page 30, between lines 2 and 3, to insert the following: “Amendment of section 27 of Misuse of Drugs Act 1977 50.Subsections (3E) and (3F) of section 27 of the Misuse of Drugs Act 1977 (as inserted by section 33 of the Criminal Justice Act 2007) are repealed.”.

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

Barry Ward: I move amendment No. 24: In page 30, between lines 2 and 3, to insert the following: “Amendment of Criminal Justice Act 1990 50. The Criminal Justice Act 1990 is amended by the substitution of the following section for section 2: “Sentence for treason and murder 2. (1) Subject to subsection (2), a person convicted of treason or murder shall be sentenced to...

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

Barry Ward: I move amendment No. 25: In page 30, between lines 2 and 3, to insert the following: “Amendment of section 3 of Criminal Procedure Act 1993 50. Section 3 of the Criminal Procedure Act 1993 is amended by the insertion of the following subsection after subsection (2): “(2A) Where, on the hearing of an appeal against sentence, under subsection (2) the Court quashes a...

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

Barry Ward: I move amendment No. 26: In page 30, between lines 2 and 3, to insert the following: “Repeal of section 25 of Criminal Justice Act 2007 50. Section 25 of the Criminal Justice Act 2007 is hereby repealed.”.

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

Barry Ward: I did not get a chance to address section 51 on Second Stage but it is a positive measure. I acknowledge the work done by my colleague, Senator Gallagher, in bringing forward Private Members' legislation, although it is not specifically about gardaí alone. This is an important step. With regard to the existing section 19 offence, I welcome the fact that the penalty is being increased,...

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

Barry Ward: I move amendment No. 30: In page 32, between lines 3 and 4, to insert the following: "(b) by the insertion of the following paragraph after paragraph 8A: "8B. An offence under section 4of the Criminal Justice (Miscellaneous Provisions) Act 2023.",".

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

Barry Ward: I move amendment No. 32: In page 32, between lines 15 and 16, to insert the following: “Amendment of section 151 of Children Act 2001 54. Section 151 of the Children Act 2001 is amended by the substitution of the following subsection for subsection (3): "(3) Subject to subsection (4), the Court shall specify, in its absolute discretion, which portion of a period for which a...

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

Barry Ward: I move amendment No. 34: In page 33, between lines 5 and 6, to insert the following: "Amendment of section 99 of Criminal Justice Act 2006 57. Section 99 of the Criminal Justice Act 2006 is amended by the insertion of the following subsection after subsection (23): "(24) In criminal proceedings involving a person who, at the time the offence was committed, had not reached the age of 18...

Seanad: Offences Against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions (27 Jun 2023)

Barry Ward: I move: "That Seanad Éireann resolves that sections 2 to 4, 6 to 12, 14 and 17 of the Offences against the State (Amendment) Act 1998 (No. 39 of 1998) shall continue in operation for the period beginning on 30th June, 2023 and ending on 29th June, 2024."

Seanad: Offences Against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions (27 Jun 2023)

Barry Ward: Ar dtús báire, ba mhaith liom fáilte a chur roimh an Aire Stáit agus mo bhuíochas a ghabháil leis agus leis an tAire Dlí agus Cirt as an tuairisc sin a chur ar fáil dúinn roimh an díospóireacht seo. I will not say I have read the report, but I have had a brief look at it. I agree with what Senator McDowell says, that it is enormous,...

Seanad: Offences Against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions (27 Jun 2023)

Barry Ward: But is that not the point? The Constitution allows it to apply to any offence, but the legislation limits it to scheduled offences.

Seanad: Offences Against the State (Amendment) Act 1998 and Criminal Justice (Amendment) Act 2009: Motions (27 Jun 2023)

Barry Ward: This is the point I was going to get to. I accept that point, but it does not mean that scheduling offences is necessarily a problem. What I do think is a problem, as I have said in every one of these debates in the years I have been in this Chamber, is that the decision-making process, whereby cases are nominated to go to the Special Criminal Court, is problematic because the sole decision...