Results 6,961-6,980 of 16,849 for speaker:Dermot Ahern

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: There must be three or more.

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: The provision is based on the UN standard.

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: I will reply first in respect of the matter raised by Deputy O'Donnell. There has been a great deal of misinformation regarding what a later section provides in respect of expert evidence on the existence of gangs. In addition, a number of individuals have misconstrued the position in this regard. Such evidence does not in any way go to the guilt of a person. It is merely evidence...

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: One is not obliged to take into account either my comments or those of the Garda Commissioner to the Government on the necessity for these changes. One need only listen to statements on RTE by people such as the Limerick State solicitor, Mr. Michael Murray. Anyone who missed his appearance on "The Week in Politics" should listen to his comments in respect of what is going on regarding the...

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: It is not doing so.

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: Deputy Rabbitte did not choose to quote what he said initially.

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: No, it does not.

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (7 Jul 2009)

Dermot Ahern: It does not say that it does not happen.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: They may be.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: Initially, I responded to Deputy Ó Snodaigh's broad objection to this legislation. I repeat this is not a monumental change to the criminal law. As I noted previously, it proposes to treat criminal gangs in the same manner that we have for decades treated the issue of paramilitary organisations. I reiterate that the Cabinet considered this matter a number of times. It specifically...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: Covert surveillance can be used very successfully but I am not saying that it is a silver bullet. Deputies should not make out that I am suggesting this. I am not naive enough to think that this legislation-----

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: No, in the Special Criminal Court one must tender the same evidence and prove beyond reasonable doubt that someone is guilty. The standard of proof is the same as in an ordinary court.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: It is not an established principle, it is an established fact in regard to terrorist offences but not for anything else. For ordinary crime a chief superintendent cannot give evidence that he believes one is guilty of an offence. He can do so in respect of certain offences under the Offences against the State Act. We had not gone that far in this legislation.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: One cannot do so but because of the passing of the surveillance legislation, it obviates the necessity for witnesses in some cases. The combination of the surveillance legislation and this Bill will give the Garda Síochána far greater powers than it had heretofore in respect of criminal gangs. The problem since 2006 has been how to establish the existence of a criminal gang. This is what...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: There is no provision in this legislation for opinion evidence of the chief superintendent. Of course it would be possible for them to convict on the basis of surveillance evidence if in their opinion it was substantial enough to pass the burden of proof of beyond all reasonable doubt. There may be no civilian witnesses required.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: With regard to juries in Limerick, we have heard the testimony of the two Deputies on their experience in this respect. Court officials from Limerick are on record as stating there is a tacit understanding that there is no point in having gangland jury trials in Limerick. I have seen suggestions on alternative methods. We have asked the Garda Síochána about them and the Garda...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: At no stage did I say the legislation would obviate the necessity for witnesses in the Special Criminal Court. It is theoretical, but highly unlikely that there will be a need for witnesses-----

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: -----but what the surveillance legislation will do is lessen, in certain but not all circumstances, the necessity for civilian witnesses to be brought forward. We can never say we will be able to prove any case beyond a reasonable doubt in any court, whether a jury or non-jury case, if we do not have the required evidence and standard of proof. Normally, that is done by people giving...

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: People were interfered with in such a way that they had acted out of a sense of duty and complained and investigations are now ongoing for a number of recent cases.

Criminal Justice (Amendment) Bill 2009: Committee Stage (Resumed) and Remaining Stages (7 Jul 2009)

Dermot Ahern: Yes. I will go back to the central point. I and the Government believe it is necessary for the Houses of the Oireachtas to give a strong statement that the two offences of directing and participation in organised gangs go to the core of the attack by certain individuals on our society and that we should treat those offences with that gravity and send a strong signal that these offences...