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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.

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

Helen McEntee: If the Deputy has a suggestion to strengthen the provision on the grounds mentioned, I will be happy to engage with him and explore it further.

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

Helen McEntee: I move amendment No. 9: In page 19, after line 32, to insert the following: "PART 7 FORENSIC SCIENCE IRELAND CERTIFICATE EVIDENCECertificates relating to receipt, handling, transmission or storage 36.(1) In any criminal proceedings, the production of a certificate purporting to be signed by an officer of Forensic Science Ireland of the Department of Justice and relating to the receipt,...

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

Helen McEntee: I move amendment No. 10: In page 19, after line 32, to insert the following: “Amendment of section 10 of Misuse of Drugs Act 1984 37. (1) The Misuse of Drugs Act 1984 is amended by the substitution of the following section for section 10: “10.(1) In any proceedings for an offence under the Principal Act or section 5 of this Act, the production of a certificate purporting...

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

Helen McEntee: I move amendment No. 11: In page 19, after line 32, to insert the following: “Amendment of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 38.Section 169 of the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is repealed.”.

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

Helen McEntee: I move amendment No. 12: In page 20, to delete lines 16 to 18, and substitute the following: “Amendment of Criminal Justice (Public Order) Act 1994 36. The Criminal Justice (Public Order) Act 1994 is amended— (a) by the insertion of the following section after section 9: “Failure to comply with direction of member of Garda Síochána with regard to...

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

Helen McEntee: We would have to look at the use of the word and how it is applied.

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

Helen McEntee: There would have to be a direction. We can come back to the Deputy on that.

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

Helen McEntee: I move amendment No. 15: In page 22, between lines 19 and 20, to insert the following: “Amendment of section 12 of Criminal Justice (Corruption Offences) Act 2018 44.Section 12(2)(c) of the Criminal Justice (Corruption Offences) Act 2018 is amended by the deletion of the words “the act constitutes an offence under the law of the place where it was done and”.”.

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

Helen McEntee: I move amendment No. 17: In page 5, lines 8 to 10, to delete all words from and including “to” in line 8 down to and including “stalking;” in line 10 and substitute the following: “to provide for offences relating to non-fatal strangulation, non-fatal suffocation, harassment and stalking and for those purposes and other purposes to amend the Non-Fatal...

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

Helen McEntee: I move amendment No. 19: In page 5, line 11, after “conduct;” to insert the following: “to provide for circumstances in which a court may order the anonymity of a witness in criminal proceedings;”.

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

Helen McEntee: I move amendment No. 20: In page 5, line 11, after “conduct;” to insert the following: “to provide for certificates of evidence relating to the receipt, handling, transmission or storage of certain items, and for that purpose to provide for amendments to the Misuse of Drugs Act 1984 and the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014;”.

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

Helen McEntee: I move amendment No. 21: In page 5, line 12, after “1992,” to insert “the Criminal Justice (Public Order) Act 1994,”.

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