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Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: However, there is no way that anyone could have been discussing this Bill's contents on 18 April 2009 because, as I understand it, the Bill was published on 30 June 2009. Consequently, this cannot have been the case.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: I will not give way on this occasion.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: While I have given way on several occasions in the spirit of debate, I will not be interrupted by the Minister this time, nor will I have him portray me, my party or anyone else as being less committed to dealing with these gangs, murders or threats to our society than is he. I will not accept that for a moment. In this instance, it is clear that I am talking about a particular section of...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: I move amendment No. 5: In page 11, before section 9, to insert the following new section: 9.—Paragraph 1 of the Appendix to the Offences against the State (Scheduled Offences) Order 1972 is revoked.". This concerns the appendix to the Offences against the State (Scheduled Offences) Order 1972, and my amendment proposes to revoke Paragraph 1 of the appendix, under which malicious damage is...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: I accept what the Minister says and I will withdraw the amendment.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: I move amendment No. 2: In page 9, line 50, after "Síochána" to insert "not below the rank of Chief Superintendent".

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: I support Senator Regan's amendment in the circumstances and for the reasons that have been advanced.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: I move amendment No. 4: In page 11, before section 8, to insert the following new section: 8.—(1) The Director of Public Prosecutions shall not exercise his or her power under section 46(1) or (2) of the Offences against the State Act 1939 (as amended by section 11 of the Criminal Justice Act 1999) to certify in writing that the ordinary courts are in his opinion inadequate to secure the...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: I did not say that.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: I said in relation to certain offences.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: I appreciate that.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: I will deal with that.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: I do not mind the Minister interrupting me.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: I said I do not mind if he does so.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: Absolutely.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: That is what I thought.

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: The suggestion the Minister appears to be making seems implausible. I suggest that the outcome that would flow from this subsection is that it would become the norm that these matters would be tried in the Special Criminal Court. That seems to be what is intended and what would flow from the subsection. In the current circumstances, the Minister will accept that the Director of Public...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: I thank the Senator for that. Aspects of the 1998 Act are required to be renewed each year in the Oireachtas. I was less than impressed by the rigour of the scrutiny we were able to give that renewal because of the lack of information in that respect. While a report was laid before the Houses, in terms of knowing the background to the necessity to continue to use that legislation, we were...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: The most striking argument the Minister put forward for not accepting a change requiring a chief superintendent rather than a garda to give evidence concerned the advantage an individual garda's direct knowledge would bestow. The Minister gave the example of Drogheda versus Dundalk, which is not a particularly compelling argument. I am familiar with and understand the point that chief...

Seanad: Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages (14 Jul 2009)

Alex White: Senator White must deal with the response Senator Donohoe gave her.

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