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Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Pádraig Mac Lochlainn: I move amendment No. 16: In page 16, line 19, column 3, to delete “3 years” and substitute “2 years”.

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Pádraig Mac Lochlainn: The Irish Penal Reform Trust, IRPT, put forward proposals in this regard that are fair. I will give the Minister a case study from the IPRT on this. Conor is now in his late 40s. When he was 18 years of age he was before the courts for failure to stop at the scene of a traffic accident, dangerous driving and no insurance. He was disqualified from driving for three months and had his...

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Pádraig Mac Lochlainn: I move amendment No. 13: In page 9, before section 9, to insert the following new section:“9.—Convictions obtained outside of the State, that would for the purposes of the provisions of this legislation be considered “spent” were they obtained within the State shall be considered spent convictions.”.The intention of this amendment is to strengthen section 9...

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Pádraig Mac Lochlainn: I move amendment No. 14: In page 10, before section 10, to insert the following new section:“10.—Notwithstanding the provisions of this section, all persons shall be precluded from making specific requests in order to secure information regarding spent convictions so as not to circumvent this legislation.”.When dealing with the National Vetting Bureau (Children And...

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Pádraig Mac Lochlainn: I move amendment No. 1: In page 3, subsection (1), line 28, to delete "12 months" and substitute "48 months".As the Minister of State will know, the Government is proposing that the period to be considered spent is 12 months or less. Britain has substantial experience of this area spanning more than 38 years. Overall, I welcome the Bill. It is a step in the right direction, particularly in...

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Pádraig Mac Lochlainn: While the Bill is welcome, the challenge in the legislation is to find proportionality between the need to rehabilitate a person and the need to protect citizens and vulnerable people, employers and employees. I gave a particular case study of a person who has made a huge effort in education over a sustained period and has not only repaid his debt to society but has actively sought to do...

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Pádraig Mac Lochlainn: Amendment No. 3 deals with the same issue.

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Pádraig Mac Lochlainn: I move amendment No. 3: In page 4, subsection (1), to delete lines 2 to 30 and substitute the following: ““relevant custodial sentence”, in relation to a person convicted of an offence, means a sentence or sentences of imprisonment for a term of 48 months or less imposed by a court on the person in respect of the offence (whether or not a fine is also imposed on the...

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Pádraig Mac Lochlainn: I move amendment No. 11: In page 4, subsection (1), line 35, to delete “2 years” and substitute “48 months”.I wish to speak on this amendment.

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Pádraig Mac Lochlainn: This is not the same issue; it is separate.

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Pádraig Mac Lochlainn: I apologise. The issue is not the same. I believed amendments Nos. 1 to 10, inclusive, were being considered as a group. Amendment No. 11 is a different matter.

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Pádraig Mac Lochlainn: May I speak?

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Pádraig Mac Lochlainn: This amendment is actually the same. I apologise for the misunderstanding and appreciate the Chairman's understanding. Mea culpa.

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Pádraig Mac Lochlainn: Yes.

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Pádraig Mac Lochlainn: I move amendment No. 12: In page 6, subsection (2), lines 19 and 20, to delete paragraph (e).The Chairman is very kind to allow me to speak. The Minister of State may be aware that the Irish Penal Reform Trust has raised this issue. The Bill states that the case of a person with more than two convictions will not be considered. The Minister of State will know that in some cases a number of...

Written Answers — Department of Health: Health Services Provision (20 Mar 2013)

Pádraig Mac Lochlainn: To ask the Minister for Health the standards, guidelines, protocols and procedures which are in place for the support and supervision of school going children with type 1 diabetes in their efforts to control their blood glucose levels; if he will outline measures used to ensure these are adhered to; and if he will make a statement on the matter. [13778/13]

Written Answers — Department of Health: Pharmacy Services (20 Mar 2013)

Pádraig Mac Lochlainn: To ask the Minister for Health if his attention has been drawn to the concern of people with epilepsy that generic substitution is not appropriate in the case of antiepileptic medications AEDs; if he will frame an appropriate exclusion in the Health (Pricing and Supply of Medical Goods) Bill 2012, as is the case in other jurisdictions; and if he will make a statement on the matter. [13781/13]

Other Questions: Defence Forces Properties (14 Mar 2013)

Pádraig Mac Lochlainn: I thank the Minister of State for his response. It is encouraging that a significant number of barracks have been sold. Could we get details of the amount the Department secured for them and how that was reallocated in the Department's budget? There has been a consultation process in Mullingar, and the Minister made a statement in January inviting proposals and submissions. The town...

Other Questions: Overseas Missions (14 Mar 2013)

Pádraig Mac Lochlainn: The Minister of State will appreciate that the comments made by the Secretary General of NATO when he was here were insensitive at best. Ireland has a proud history of neutrality. Our Defence Forces have served across the world under blue helmet operations. Our people have played a leading role in conflict resolution on an ongoing basis, and that is our position. The Secretary General...

Other Questions: Overseas Missions (14 Mar 2013)

Pádraig Mac Lochlainn: There were reported in the media.

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