Results 7,361-7,380 of 7,652 for speaker:Joanna Tuffy

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage. (20 May 2003)

Joanna Tuffy: I move amendment No. 1: In page 4, subsection (1)(a), lines 14 to 15, to delete "that established the team". The purpose of the amendment is to make the section clearer. We put it to the Minister of State that the qualifier "that established the team" provided for in paragraph (a) is inappropriate. For example, if the State and another state establish a team and a third state joins the team,...

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage. (20 May 2003)

Joanna Tuffy: The Minister of State should reconsider this aspect. If a member state not involved in establishing a team joined one, its members would be outside the definition. As worded, the subsection clearly envisages that a team may comprise members from other member states. If that was not meant, why would a member of a team be seconded in the first instance? As worded, the provision could exclude...

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage. (20 May 2003)

Joanna Tuffy: I will withdraw the amendment on that basis. Amendment, by leave, withdrawn. Section 1 agreed to. SECTION 2.

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage. (20 May 2003)

Joanna Tuffy: I move amendment No. 6: In page 7, subsection (4), line 19, after "State," to insert "and the Competent Authority is satisfied that the conditions specified in section 4(3) exist,". Section 5(4), as worded, provides that the State can join an existing joint investigation team without any conditions and, in particular, without any of the conditions that would have to be considered if the State...

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage. (20 May 2003)

Joanna Tuffy: Under section 5, if the State joins a joint investigation team, the team will not have been set up with its agreement. The Minister of State mentioned a cross-reference but there is no cross-reference that I can see between the two sections. Even though under each section the State's involvement in the team is under different circumstances, surely there should be similar criteria for joining...

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage. (20 May 2003)

Joanna Tuffy: I move amendment No. 7: In page 8, subsection (2), between lines 9 and 10, to insert the following new paragraph: "(a) a bureau officer (within the meaning of the Criminal Assets Bureau Act 1996) who is not a member of the Garda Síochána,".

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage. (20 May 2003)

Joanna Tuffy: I move amendment No. 8: In page 8, subsection (2)(c), line 14, after "persons" to insert "being officers of the Minister or of another Minister of the Government". This amendment seeks to insert a provision to the effect that a person appointed by the Minister would be an officer of the Minister or another Minister of the Government. Without this qualification, anyone could be appointed to a...

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage. (20 May 2003)

Joanna Tuffy: I still have concerns about who might be appointed under this provision. Freelance operators could be appointed. The scope of the provision is broad. How would a person appointed, who is not a public official, be accountable? What kind of person is it envisaged will be appointed? If a psychologist was to be appointed – bearing in mind that there are psychologists employed as public...

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage. (20 May 2003)

Joanna Tuffy: I move amendment No. 9: In page 13, between lines 42 and 43, to insert the following new subsection: "(2) The disciplinary regulations for the time being in force applying to members of the Garda Síochána shall apply to service abroad by a member under section 3 of the Garda Síochána Act 1989 as amended by subsection (1).". Having dealt with the Minister of State on the Garda Síochána...

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage. (20 May 2003)

Joanna Tuffy: I move amendment No. 10: In page 13, between lines 42 and 43, to insert the following new subsection: "(3) Where an act is alleged against a seconded member operating in the State which would, if committed by a member, constitute a breach of discipline, the act shall be investigated by the Commissioner who shall report thereon to the competent authority concerned." We tabled this amendment...

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage. (20 May 2003)

Joanna Tuffy: Despite what the Minister of State said, there is a gap in the legislation. He pointed out the differences between this legislation and the Garda Síochána (Police Co-Operation) Bill. In respect of criminal liability, however, section 12 of the Bill before us states that "seconded members of the team shall . in the case of such seconded members who are members of a police force of another...

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage. (20 May 2003)

Joanna Tuffy: I withdraw the amendment. Amendment, by leave, withdrawn. Section 10 agreed to. Sections 11 to 14, inclusive, agreed to. SECTION 15.

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Joanna Tuffy: I move amendment No. 2: In page 5, before section 4, but in Part 3, to insert the following new section: "PART 3 GENERAL DUTY OF LICENSEES 4.–It shall be the duty of a licensee of catering premises to take such action reasonably within his or her control as is necessary to prevent disorder or noise referred to in section 4(1).". The amendment seeks to introduce a general duty in respect of...

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Joanna Tuffy: I move amendment No. 3: In page 5, before section 4, but in Part 3, to insert the following new section: 4.–Without prejudice to the other duties specified by this Bill, it shall be the duty of a licensee of catering premises which are over such size as is prescribed by the Minister for the purposes of this section to maintain security cameras of sufficient nature and quantity as are...

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Joanna Tuffy: I welcome the Minister's amendments on CCTV. He said in the Dáil and at the select committee that he would look at the issue of liquor licensing legislation. I ask that the issue be dealt with urgently. Amendment, by leave, withdrawn. SECTION 4.

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Joanna Tuffy: I move amendment No. 5: In page 5, subsection (1)(a)(ii), line 34, after "for" to insert "serious". My amendment proposes that the subsection should refer to "serious annoyance" as opposed to just "annoyance". There should be serious annoyance before a closure order is made. The term "annoyance" is quite bland and what is an annoyance to one person will not be to another. It would be more...

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Joanna Tuffy: I move amendment No. 6: In page 5, subsection (2)(b), line 43, after "such" to insert "reasonable". This amendment seeks to insert the word "reasonable" to provide that the licensee should be requested to take reasonable action. A garda should only be allowed to demand that an occupier take reasonable action, not any action the garda might wish.

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Joanna Tuffy: Senators Burke and Terry have a valid point. The situation is different for food premises in that they do not need a licence to do what they do because they are not serving alcohol, the main cause of public disorder of this type. I am worried, therefore, about the impact this legislation will have on these premises.

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Joanna Tuffy: I move amendment No. 7: In page 6, between lines 6 and 7, to insert the following new paragraph: "(a) that a licensee has failed to take action requested of him or her under section 4(2)(b),". The purpose of this amendment is to include the provision that, before a court can make a closure order, the licensee must have failed to take action requested of him or her under section 4(2)(b). This...

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Joanna Tuffy: I do not accept what the Minister of State has said, that the amendment would weaken the section or the legislation. There is a need for protection when one is talking about people's businesses. I cannot understand why the Minister of State is not accepting the amendment and ask him to reconsider.