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Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 69: In page 18, to delete line 21, and substitute the following: "(a) authorise the eligible person to whom it is addressed to be released from custody subject to the conditions set forth therein and to the provisions of this Act,". This is an amendment to section 22 which deals with parole orders. The primary function of a parole order is to permit the release of the...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 70:In page 18, line 25, to delete "Without limiting subsection (1) a" and substitute "A".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 71:In page 19, between lines 1 and 2, to insert the following:"(3) A Parole Order shall be given to the Governor, or person for the time being performing the functions of Governor, of the prison concerned. (4) The Governor, or person for the time being performing the functions of Governor, of the prison concerned to whom a Parole Order under this section is given shall...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 73:In page 19, line 20, to delete "or" where it firstly occurs.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 74:In page 19, line 29, to delete "(without limitation)".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 75:In page 20, line 2, to delete "(if Board deems is practicable)" and substitute ", if the board deems it appropriate,".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 76:In page 20, line 4, to delete "Failure” and substitute "Any failure".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: The section provides for the revocation of a parole order or the suspension of a parole order. Deputies Daly and Wallace are correct in stating that serious sanctions can be imposed by the parole board. They only arise in circumstances where conditions have been breached and the other grounds are set out in the section. The section states that a person who is the subject of a parole order...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I respect what Deputy Clare Daly stated about stalking and harassment which are criminal offences but the process of a criminal trial and conviction takes time. If a person is stalking and harassing a person, Deputy Clare Daly's amendment requires that person to have committed a criminal offence. That requires an adjudication by a court. One cannot merely have the parole board stating that...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I have no problem if the Tánaiste or Deputies Wallace and Clare Daly want to come up with different terms for it. What is proposed at present is too restrictive.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 80:In page 20, line 35, to delete “parolee” and substitute “person who is on parole”.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: These are both typographical amendments. I do not think there is any controversy about them, they are changing a wording and removing a comma. On Deputy Daly's amendment, section 26 deals with warrants. The board has a substantial power here, however I would be concerned that it could not issue a warrant prior to having a review or hearing. I see the Deputy's point about urgency but...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 86:In page 21, line 38, to delete “Board, shall” and substitute “Board shall,”.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 88:In page 21, line 39, to delete “parolee” and substitute “person who is on parole”.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 90:In page 22, line 9, after "prison" to insert "or institution". Having spoken to officials in the Department, I am conscious the institution I wanted to include may need better definition. I was thinking of including the Central Mental Hospital. There are only very exceptional circumstances when a parole order would apply in respect of a person in the Central Mental...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 91:In page 22, line 10, to delete "(if applicable)".

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 92:In page 23, between lines 7 and 8, to insert the following:"(9) The Courts Service shall provide the Board with any Court documents requested by the Board and which evidence or record any recommendations of the Court that imposed sentence on the person seeking parole.". This is to facilitate the parole board gaining access to court documents, in particular transcripts...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 93:In page 23, after line 18, to insert the following:"Amendment of section 23 of Criminal Justice Act 195129.The Criminal Justice Act 1951 is amended by the insertion of the following section after section 23A:"23B. The Parole Board may commute any sentence of imprisonment imposed by a Court exercising criminal jurisdiction for the purpose of making a parole order in...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: I move amendment No. 94:In page 23, after line 18, to insert the following:"Amendment of section 2 of Criminal Justice Act 196030.Section 2 of the Criminal Justice Act 1960 is amended by—(a) the substitution of the following paragraph for paragraph (a) of subsection (1): "(a) for the purpose of assisting the Garda Síochána in the prevention, detection or investigation of...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Jim O'Callaghan: And the other Deputies.

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