Results 7,101-7,120 of 20,459 for speaker:Frances Fitzgerald

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 50:In page 8, line 44, to delete "Act" and substitute "Part".

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 51:In page 9, line 2, to delete "Act" and substitute "Part".

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 52:In page 9, line 7, to delete "Act" and substitute "Part".

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 53:In page 9, line 16, to delete "Act" and substitute "Part".

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 54:In page 9, line 19, to delete "Act" and substitute "Part".

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: Regarding drink driving, the sentence would be a three-year driving ban for a first offence and six years for a second.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I do not know how much the insurance companies would welcome this amendment. The Deputies are making the opposite case, namely, that insurance companies still have the potential to know about certain of these offences. I remind the Deputies that the majority of motoring offences fall under this legislation. The period is seven years. All offences in the District Court and multiple other...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: Yes.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: It has been delayed for a period, but we have the legislation now and a system of spent convictions. Our system is more progressive than those in many other countries. The Law Reform Commission recommended six months, but we are going for a year. Deputy Pringle argued persuasively about circumstances in which it had been quite some time since the offence was committed. It is possible that...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: The effect of these amendments would be that gardaí could not have regard to a spent conviction in investigating subsequent similar offences by the same person and insurance companies could not keep records of insurance frauds perpetrated by persons whose convictions were spent. Deputy Mathews might want to listen to the following. The section that is sought to be deleted provides that...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I take Deputy Wallace's point about the case he cited, but I remind him that after the seven-year period, the conviction to which he referred would come under the category of spent convictions and the woman would be in a different position with regard to the insurance company.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 34:In page 5, between lines 36 and 37, to insert the following:"(3) For the purposes of this Part, a conviction of a person by the District Court—(a) which is appealed by the person to the Circuit Court, and (b) is affirmed or varied by the Circuit Court,shall, as so affirmed or varied by the Circuit Court be treated as if it were a conviction imposed by the...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 35:In page 5, to delete lines 37 to 44, and in page 6, to delete lines 1 to 37 and substitute the following:"Convictions which may be regarded as spent in certain circumstances 2. (1) Where a person is convicted of an offence, whether before or after the commencement of this Part, and the conditions specified in subsection (2)are satisfied, then subject to provisions of...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I take the points that have been made. The Government has taken a particular position in respect of serious offences and whether they should be considered spent and in respect of repeat offences. It has made the decision, as I have outlined. One can make the case that has been made by the Deputies in regard to multiple offences. There might be public concern about the idea that multiple...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 31:In page 5, to delete lines 7 and 8 and substitute the following:“ “relevant sentence” means a custodial sentence or a non-custodial sentence or both, as the case may be;”.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 32:In page 5, to delete lines 9 to 16. The term "relevant work" is already used in the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and in this context it means work that comes within the ambit of that Act. To avoid any confusion in language and ensure consistency in the use of terms, these amendments are proposed. "Specified work" means work in...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 33:In page 5, line 25, to delete “Act” and substitute “Part”.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: To reiterate, particularly to Deputy Wallace, we are ensuring the vast majority of offences which come under the legislation, which are motoring and public order offences, even where there are multiple offences, can be considered spent after seven years. We want to increase the number of convictions which can be spent. With regard to the other offences, obviously from the point of view of...

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I move amendment No. 28:In page 4, line 31, to delete “relevant non-custodial” and substitute “non-custodial”.

Criminal Justice (Spent Convictions) Bill 2012 [Seanad]: Report Stage (27 Jan 2016)

Frances Fitzgerald: I wish to make a correction in accordance with Standing Order 140. I ask the Leas-Cheann Comhairle to direct the Clerk to make a minor drafting correction to the text of the Bill. Amendment No. 12 removes the word "relevant" from the definition of relevant custodial sentence. As a result, this definition should be moved so that it appears after the definition of court in order to follow...