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Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: I move amendment No. 3: In page 8, to delete line 21 and substitute “Amendment of Non-Fatal Offences against the Person Act 1997”. The substantive amendments are amendments Nos. 4 and 6, so I will deal with the others briefly. Amendment No. 3 renames Part 4 to reflect its wider scope, while amendment No. 17 relates to a consequential change to the Long Title. Amendment No. 4...

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: I move amendment No. 4: In page 8, between lines 23 and 24, to insert the following: “Amendment of section 3 of Act of 1997 11.Section 3(2)(b) of the Act of 1997 is amended by the substitution of “10 years” for “5 years”.”.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: I thank the Deputy for this amendment. As he rightly said, this is an important area and one that has come to the fore even more in the past year or two. It is certainly something students, in particular, but younger people more generally have raised with me. That is why, last year, we had the awareness-raising campaign, working with the Garda and the Minister for Further and Higher...

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: We will engage further.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: I move amendment No. 6: In page 9, line 8, to delete “5 years” and substitute “10 years”.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: I understand that changes were made to the timelines, so I am happy to look at some of these suggested amendments further. Turning to the in cameraaspect, there will always be situations where particular cases should be held in camera. We keep moving from different Bills. We have had the Sex Offenders (Amendment) Bill 2021 and this legislation, and we discussed some of these elements in...

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: I move amendment No. 7: In page 12, between lines 11 and 12, to insert the following: “Amendment of section 25 of Act of 1997 15. (1) The Act of 1997 is amended by the substitution of the following section for section 25: “25. (1) In any proceedings for an offence alleging the causing of harm or serious harm to a person, the production of a certificate purporting to be...

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: It is extending it essentially.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: In the written piece, yes.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: It will. The defence can bring its own or else call for an individual to be brought in to be cross-examined. The measure does not prevent this from happening; it just means a person does not always have to be brought in.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: That the person can be brought in.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: Yes.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: Absolutely.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: I move amendment No. 8: In page 19, after line 32, to insert the following: "PART 6 ANONYMITY OF WITNESSES IN CRIMINAL PROCEEDINGSAnonymity of witnesses in criminal proceedings 35.(1) Without prejudice to any enactment or rule of law, a court may order such measures (referred to in this section as "anonymity measures") to be taken in relation to a witness in criminal proceedings as the...

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: Generally not. It is not that it does not apply but it generally would not be the case that a member of the Garda would not want to give evidence. The provision is important to make sure that if there is any concern on the part of the Garda, it will be removed or alleviated. I am referring in particular to the types of work the gardaí are doing. Law enforcement officials may be...

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: Any case.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: It can apply in any court, but regard must be had in each case to all the principles I have outlined.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: Yes. However, it is generally understood that this will probably not apply in the vast majority of cases, in the District Court or otherwise. I suppose we have to take into consideration that there are very serious cases in which people do not want to come forward, simply because of the fear they have.

Select Committee on Justice and Equality: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (8 Nov 2022)

Helen McEntee: Absolutely. That is why one has to consider even the credibility of a witness, as he or she may have a reason to be dishonest. That is why we try to cover as many bases as possible when determining how this can apply. It is not simply a matter of looking at it through one lens.

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