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Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: This is a complicated issue. Is the word "data" defined in the legislation? My understanding is that the Garda Commissioner has to request the service provider to keep the data and it would not have to keep it unless requested by the commissioner. Surely the Garda Commissioner would be inclined to write to all the service providers asking them to keep the data. Surely also the legislation...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: I apologise for interrupting the Minister but it is being retained for a different purpose than originally. Surely six months does not have the same legal purpose.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: Yes, through the Chair.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: This is a new amendment which has just been introduced at this late stage.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: It is a very significant new departure. The Minister mentioned a period of six months for retention of information. My understanding is that the reason for keeping the information for six months was different from the reason that information will be kept for three years under this legislation. I can understand the reasoning behind it and I am not arguing against it. However, this provision...

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: I support Senator Cummins's amendment. I raised this issue on Second Stage. What are the Department's plans for the implementation of the report published by Mr. Justice Hederman?

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: I move amendment No. 2: In page 8, line 32, after "2002" to insert "(OJ L 164, 22.6.2002, P3)". Amendments Nos. 2 and 3 are drafting amendments to insert references to the relevant passages in the Official Journal of the European Union. I would like to hear the Minister's comments thereon.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Committee Stage. (3 Feb 2005)

Joanna Tuffy: I move amendment No. 4: In page 9, line 3, after "a" to insert"democratic". The Human Rights Commission suggested this amendment because the broad definition of terrorism in the Bill would cover legitimate acts of rebellion against a tyrannical or despotic government. We want to ensure that is as far as it would go.

Seanad: Criminal Justice (Terrorist Offences) Bill 2002: Second Stage. (26 Jan 2005)

Joanna Tuffy: Senator Cummins referred to the delay in bringing the legislation to this House. One of the problems about such a delay, even though it is not the longest delay in bringing a Bill to this House, is that the legislation is no longer under the media spotlight. Many criticisms of the legislation have been forgotten. The criticisms of the legislation made in 2002 and 2003 stand. Senator Mansergh...

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Joanna Tuffy: I thank the Minister of State and his officials for their work on the Bill. Obviously, I do not support the legislation but I accept that the Department has had to deal with the issue. I appreciate the time constraints involved. The most important point is that there has to be a better way of proceeding than this one. There are not many alternatives for elderly people who require...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Joanna Tuffy: I move amendment No. 29: In page 58, line 31, after "investigation" to insert "and any interview conducted with a member arrested under this Act shall be subject to procedures which shall be prescribed by the Minister for the video and audio recording of interviews with arrested persons generally". The Minister of State indicated on Committee Stage that the Minister agreed with the...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Joanna Tuffy: I welcome many aspects of this reforming legislation. I thank the Minister and his officials for taking on board many issues which were raised by Opposition Senators and their counterparts on the Government benches. I am pleased that some Opposition amendments were accepted and other amendments were tabled on foot of proposals made by Opposition Senators. The Seanad had a good debate on the...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Joanna Tuffy: Differences of opinion could arise when one is considering whether the officers are using their powers correctly. There is a significant potential for litigation, which is the opposite to what Senator Jim Walsh said. This provision could lead to more litigation because there is no complaints procedure. Most people prefer not to go to court if they can avoid it. The lack of a complaints...

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Joanna Tuffy: On a point of order, I do not understand how this would incur a charge on the State if it relates to money to which the State was not entitled in the first instance.

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Joanna Tuffy: I believe this section is unconstitutional because it breaches people's property rights. The Constitution was referred to but I am not sure if that aspect was mentioned by anyone else; I was not here for the entire debate today. I have thought of comparisons. It is similar to applying income tax retrospectively, something that could not be done constitutionally. The same problem may arise...

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Joanna Tuffy: I move amendment No. 12a: In page 5, after line 33, to insert the following new section: "3.—That following the passing of this Act that a review group would be established to look at the adequacy of the minimum amount retained by the patient.". I raised this issue on Second Stage. The Irish Senior Citizens' Parliament has pointed out that the provisions in this section essentially leave...

Seanad: Health (Amendment) (No. 2) Bill 2004: Committee and Remaining Stages. (17 Dec 2004)

Joanna Tuffy: Will the Minister of State indicate where these people are covered under the Bill?

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Joanna Tuffy: I move amendment No. 1: In page 11, line 18, after "property" to insert "and the human rights of individuals within the State". I have tabled this amendment again to allow the Minister to reconsider it. It concerns an issue raised by the Irish Human Rights Commission. Human rights are an important element of the Garda Síochána's brief and something it should be concerned to defend as part...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Joanna Tuffy: I thank the Minister for accepting our Committee Stage amendment.

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Joanna Tuffy: I move amendment No. 5: In page 21, between lines 11 and 12, to insert the following: "(3) An agreement pursuant to this section shall be in writing and shall be laid before both Houses of the Oireachtas as soon as may be after it is made, and shall not enter into force until such time as the terms thereof have been approved by Dáil Éireann.". I tabled this amendment because during the...

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