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Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jim O'Callaghan: Under the legislation victims are not defined as people who have to live in the country; it could, for example, be an Italian tourist who suffers an assault while in Ireland on his or her holidays. They would be perfectly entitled to avail of the provisions under this Act. Section 12 deals with offences occurring outside the State and I suspect - although I am interested to hear what the...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jim O'Callaghan: The details of my amendment No. 109 are similar to those outlined by Deputy Daly. I am seeking to ensure that a person who is a victim of a sexual crime can be accompanied by certain individuals and support workers during the course of the hearing. I will be interested to hear what the Minister has to say in respect of the proposed amendment.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jim O'Callaghan: I am persuaded by what the Tánaiste has had to say in respect of disclosure of reports by prosecuting authorities because if they go to a judge they necessarily go to the defence. She may be right that it may have consequences beyond what is intended here. Also, in respect of people being accompanied, that is possible even in cases which are in camera. I thought it might be of benefit...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jim O'Callaghan: The Minister's amendment covers the concerns expressed in my amendment and that of Deputy Daly. Our concern was that the personal characteristics were going to be limited to what is set out in paragraph (d). It is apparent from the amendment put forward by the Minister that that will not be the case, which is what was the intention of our amendments. I am happy, subject to what Deputy...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jim O'Callaghan: I am interested in hearing what the Minister has to say in respect of making the provision mandatory rather than discretionary.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jim O'Callaghan: That is persuasive. Not every victim will necessarily want all of these measures that would be available. The Tánaiste referred to somebody who has had a mobile phone stolen from them. Under the legislation, that person is a victim. They have suffered economic loss. I appreciate the answer given. We may return to it on Report Stage unless Deputy O'Brien wishes to pursue the matter.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jim O'Callaghan: I move amendment No. 119:In page 23, between lines 29 and 30, to insert the following:“(3) (a) It shall be an offence for any accused person or other person or persons acting at his or her direction or on his or her behalf, to make any form of contemporaneous electronic recording by any means whatsoever of live criminal proceedings in which a victim of sexual violence is required to...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jim O'Callaghan: It is not a statutory offence but it is contempt of court-----

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jim O'Callaghan: ------which is punishable by imprisonment. It may be worth making it a statutory offence rather than leaving it vague. The Minister may examine that option.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jim O'Callaghan: What is the sanction for a garda who does not comply with the Act? Is it simply a disciplinary breach?

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jim O'Callaghan: This was dealt with in the second grouping.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jim O'Callaghan: I move amendment No. 152:In page 33, after line 35, to insert the following: “Safeguards in the context of restorative justice31. (1) A court or other public body shall not invite a victim to participate in a restorative justice process unless satisfied that the victim would be reasonably safeguarded against secondary and repeat victimisation, intimidation and retaliation and would...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Jim O'Callaghan: I move amendment No. 153:In page 33, after line 35, to insert the following: “SCHEDULEThe Garda Síochána The Courts Service The Director of Public Prosecutions The Irish Prison Service The Garda Síochána Ombudsman Commission The Probation Service”.

Select Committee on Justice and Equality: Business of Committee (17 May 2017)

Jim O'Callaghan: Deputy Brophy might be able to tell us whether he will be the next Minister for Justice and Equality or whether the current incumbent will remain in place. Based on what has been said already, including by Deputy Clare Daly, progress has been made. I have no doubt that the Tánaiste wants to expedite the Bill but as we have seen in the past often that is not what happens. I think a...

Civil Liability (Amendment) Bill 2017: Second Stage (Resumed) (16 May 2017)

Jim O'Callaghan: One of the most tragic events that can happen to a child is that it sustains catastrophic injuries at its birth that will dominate the rest of his or her life. Unfortunately, although these events are infrequent in Ireland, they do occur. The parents of that child are then also placed in a life altering position. They were expecting to take home a healthy child who would grow up to enjoy...

Written Answers — Department of Justice and Equality: Garda College (16 May 2017)

Jim O'Callaghan: 117. To ask the Tánaiste and Minister for Justice and Equality her views on the fact that she was not informed by the Garda Commissioner about financial irregularities in the Garda College, Templemore, in July 2015; if this is contrary to section 41 of the Garda Síochána Act 2005; when she was informed; and if she will make a statement on the matter. [22993/17]

Written Answers — Department of Justice and Equality: EU Issues (16 May 2017)

Jim O'Callaghan: 129. To ask the Tánaiste and Minister for Justice and Equality if a company (details supplied) can have EU secret clearance certificates issued to it; and the reason that at present only State employees are granted EU secret clearance certificates here. [23168/17]

Questions on Promised Legislation (11 May 2017)

Jim O'Callaghan: Yesterday, the Dáil Select Committee on Justice and Equality met to consider amendments to the Coroners Bill 2015. We never got a money message in respect of it but that is an issue for another day. However, we were informed by the Chairman, Deputy Ó Caoláin, that the Tánaiste had informed him she intends to bring forward issues concerning maternal deaths in a civil law...

Leaders' Questions (11 May 2017)

Jim O'Callaghan: Is the Tánaiste satisfied?

Leaders' Questions (11 May 2017)

Jim O'Callaghan: It will not come as a surprise that I will ask the Tánaiste questions about An Garda Síochána and her political management of the force. However, before I do, I wish to say something that I think is important. I acknowledge and commend the work that is done every day in this country by members of An Garda Síochána who protect our communities and enforce our law. I...

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