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Select Committee on Justice and Equality: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (22 Mar 2018)

Jim O'Callaghan: The Minister makes a valid point about amendment No. 1 when he refers to us needing a definition of "unlawful benefit". In light of what he said, as well as the importance of ensuring consistency with different legislation, I will withdraw that amendment. I may revisit it on Report Stage. On amendment No. 2 and a member of a local authority being an Irish official, it is covered in...

Select Committee on Justice and Equality: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (22 Mar 2018)

Jim O'Callaghan: I support all four amendments put forward by the Minister.

Select Committee on Justice and Equality: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (22 Mar 2018)

Jim O'Callaghan: I have a similar amendment which seeks to introduce a presumption as well. However, it is a broader presumption than Deputy Ó Laoghaire's, although the first part is the same. My draft is taken from the Taxes Consolidation Act. When people are being prosecuted for tax offences, presumptions are used and are available to prosecutors. This makes prosecutions easier. If something is...

Select Committee on Justice and Equality: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (22 Mar 2018)

Jim O'Callaghan: I will take on board what the Minister said. I will have a look at the 2011 Act as well. We can revisit this matter on Report Stage as necessary.

Select Committee on Justice and Equality: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (22 Mar 2018)

Jim O'Callaghan: I move amendment No. 8:In page 15, lines 23 and 24, to delete "whichever section of the Act of 1997 or the Act of 1999" and substitute "section 23A or 23AA of the Act of 1997 or section 19BB of the Act of 1999". Section 15, which deals with the presumption of corrupt donations, applies particularly to Members of these Houses and to councillors. It provides that an impermissible donation...

Select Committee on Justice and Equality: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (22 Mar 2018)

Jim O'Callaghan: It is generally clear from the text what sections of the 1997 and 1999 Acts are being referenced. I say this because the Bill refers to whatever section of the 1997 or 1999 Act that may be appropriate. The amendment was seeking to make this more specific. I will take on board the Minister's response by withdrawing the amendment and considering the matter before Report Stage. I welcome...

Select Committee on Justice and Equality: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (22 Mar 2018)

Jim O'Callaghan: I move amendment No. 9:In page 17, line 16, to delete “5 years” and substitute “10 years”. The amendment proposes to amend the penalty for any person who is convicted under section 6, which deals with the offence of active and passive trading in influence. This is a serious offence involving the corrupt acceptance of bribes in return for doing something for a...

Select Committee on Justice and Equality: Criminal Justice (Corruption Offences) Bill 2017: Committee Stage (22 Mar 2018)

Jim O'Callaghan: I note the Minister states that section 6 is the lesser of the offences being created by this Bill and there may be some logic to having a lesser penalty for the lesser offence. I will give the matter consideration before Report Stage. I am conscious of the position in other countries. However, Deputy Ó Laoghaire made a good point. We are not talking about the term of imprisonment one...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Policing Authority (21 Mar 2018)

Jim O'Callaghan: I thank the witnesses for attending. When did the Policing Authority first become aware that An Garda Síochána was conducting a review of homicides?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Policing Authority (21 Mar 2018)

Jim O'Callaghan: We are aware that this review commenced within An Garda Síochána in July 2016 and that on 29 November 2016. the Garda executive was informed there were very significant issues concerning data on homicides. Is the fact of a review of homicide data not being brought to her attention for quite some time after it had commenced in An Garda Síochána a matter of concern to Ms...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Policing Authority (21 Mar 2018)

Jim O'Callaghan: An issue of concern to this committee is that we are aware from evidence that was given to us that the individuals who were conducting the homicide review were excluded from the preparation of the report on the homicide review between 1 December 2016 and the end of September 2017, which was quite a significant period. Was the Policing Authority aware that the individuals who carried out the...

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Policing Authority (21 Mar 2018)

Jim O'Callaghan: Does Ms Feehily regard that as being just an issue of professional tension within the analysis section or between the analysis section and Garda management, or does she see it as being something different from that, in that it concerns the carrying out of the homicide review by the Garda as an institution?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Policing Authority (21 Mar 2018)

Jim O'Callaghan: Okay. When Ms West telephoned the Policing Authority on 3 April 2017, did she apprise it of the fact that she and her colleague who were conducting the homicide review had been excluded by Garda senior management?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Policing Authority (21 Mar 2018)

Jim O'Callaghan: Do I take it from that then, that the only issue raised in that telephone conversation was a request by Ms West to attend a meeting?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Policing Authority (21 Mar 2018)

Jim O'Callaghan: She indicated that she was the deputy head of the analysis service.

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Policing Authority (21 Mar 2018)

Jim O'Callaghan: Did she indicate that the reason she was telephoning was because of a concern on her part that she and her colleague had been excluded from the review?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Policing Authority (21 Mar 2018)

Jim O'Callaghan: Did anyone in the Policing Authority think that while it may not have been appropriate to force them to come along to the meeting on 4 April, that the authority should meet them or Ms West separately?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Policing Authority (21 Mar 2018)

Jim O'Callaghan: Was Ms West asking to attend the meeting of 4 April with the head of the Garda Síochána analysis service, GSAS, or the meeting of 13 April with the policing strategy and performance committee?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Policing Authority (21 Mar 2018)

Jim O'Callaghan: With the benefit of hindsight, does Ms Feehily believe now that she probably should have met her or her colleague?

Joint Oireachtas Committee on Justice, Defence and Equality: Garda Oversight and Accountability: Policing Authority (21 Mar 2018)

Jim O'Callaghan: At the meeting on 4 April with the head of GSAS, did Ms Feehily mention that by the way, the authority got a telephone call on the day before from the deputy head who was conducting the homicide review and who had concerns and whether the head of GSAS could elaborate on those concerns?

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