Results 7,041-7,060 of 7,652 for speaker:Joanna Tuffy

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: I move amendment No. 6: In page 4, line 20, after "passing" to insert ", unless the High Court on the application of the sentenced person concerned determines that it would be unjust for this Act to apply to that person". I am not sure those amendments should be grouped because they appear quite different. I do not see the need to group them. The reason for this amendment is that the Bill...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: Yes.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: I would like a further response from the Minister of State. While I understand what the Minister of State said, so far as I am aware the court will have no jurisdiction in regard to legislation applying retrospectively. The Minister of State mentioned due process and fair procedures but that is not the issue. The issue is whether the court would have jurisdiction in making a determination...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: Yes.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: I move amendment No. 12: In page 5, subsection (1), line 39, after "who" insert "is in the State having". The purpose of this amendment is to clarify the legislation. As it is worded, it gives the impression of an intention to apply it to a person who is in the State, but that meaning is not necessarily clear from the wording. The amendment would ensure that the new procedure only applies to...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: I move amendment No. 20: In page 8, subsection (4), line 38, to delete "in custody". The purpose of this amendment is to allow the possibility for remand to be on bail as well as in custody and for that reason it proposes to delete the word "custody". I await the Minister of State's response.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: The Minister of State appears to be making a judgment to be made by the judge in court. The Minister of State has said bail would never apply and the person must be remanded in custody but circumstances may arise in which it is reasonable to have the person remanded on bail.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: What if the court decided that the person did not have to serve the rest of his or her sentence or that the procedures applied in the other country were not fair?

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: I did not agree to the grouping and would like the Minister to respond to the amendment.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: It was not discussed and I did not agree to its grouping.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: I move amendment No. 22: In page 9, subsection (2)(d), line 39, to delete "served, and" and substitute "served,".

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: Amendment No. 22 was not discussed.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: They were not discussed and I clearly objected to the grouping. We have not even received a list of the groupings.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: Neither I nor the Minister of State referred to amendment No. 23, for example.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: I move amendment No. 24: In page 9, (subsection 13), line 47, to delete "may, upon" and in page 10, to delete lines 1 and 2 and substitute "shall not commit the person to prison pursuant to an order under subsection (1) for a period exceeding--". The Bill provides that a court would not be obliged to sentence a person for a longer period than the maximum available by law in Ireland but may do...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: It seems to me that an Irish prisoner who served an entire sentence could still serve a shorter maximum time to someone who began a sentence in a foreign country. What if the person began that sentence in a country where the regime was very different from our own? There could be two categories of prisoner because one prisoner began a sentence elsewhere and had to serve a longer, more unjust...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: I move amendment No. 27: In page 10, subsection (4)(a), lines 24 and 25, to delete ", if the High Court so directs," The provision as it stands allows the court a discretion not to apply a less favourable penalty to someone sentenced in another jurisdiction. This amendment deletes the qualification "if the High Court so directs" because, for example, if the penalty involved hard labour the...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Joanna Tuffy: I move amendment No. 28: In page 10, subsection (6)(a), line 34, to delete "paragraph (b)" and substitute "paragraphs (b) and (c)". Amendment No. 29 seeks to insert a subsection (6)(c), which includes three different points regarding the calculation of a sentence. It is pretty self-explanatory. Paragraph (c)(iii) provides that where a sentenced person is remanded in custody pending the making...

Seanad: Disabilities Bill: Motion. (28 Apr 2004)

Joanna Tuffy: The first issue I wish to raise is the delay in the introduction of the disabilities Bill. Groups like the National Association for the Mentally Handicapped of Ireland, NAMHI, are concerned that the Government wishes to publish the Bill after the local and European elections because it will not contain a rights-based approach. This is yet another cynical move on the Government's part. There...

Seanad: Order of Business. (27 Apr 2004)

Joanna Tuffy: I wish to mention the case of the three men in Colombia who were found not guilty of the major charge against them. The case against them appears to have been fundamentally flawed. For that reason and for the sake of their families the verdict is to be welcomed. I support calls for the men to be returned even if that means they would have to serve their sentences here. I ask the Minister for...