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Garda Síochána (Amendment) Bill 2017: First Stage (6 Apr 2017)

Jim O'Callaghan: I move:That leave be granted to introduce a Bill entitled an Act to amend the Garda Síochána Acts 2005 to 2015 to provide for enhanced powers to be granted to the Policing Authority for the purpose of overseeing the performance of the Garda Commissioner and the Garda Síochána of its functions relating to policing services; to amend the provisions of the Acts relating to...

Written Answers — Department of Justice and Equality: Departmental Agencies Staff Data (6 Apr 2017)

Jim O'Callaghan: 99. To ask the Minister for Justice and Equality the number of staff in the Office of the State Pathologist in each year from 2011 to 2016 and to date in 2017. [17445/17]

Select Committee on Justice and Equality: Courts (No. 2) Bill 2016: Committee Stage (5 Apr 2017)

Jim O'Callaghan: I have a question on the same point. I wish to elaborate on what Deputy Chambers has said. The law is set out in the document. However, can the committee be satisfied that a summons issued by electronic means will not be issued if a fixed charge penalty has been paid already?

Select Committee on Justice and Equality: Courts (No. 2) Bill 2016: Committee Stage (5 Apr 2017)

Jim O'Callaghan: I may consider tabling an amendment on Report Stage to the effect that a summons cannot issue by electronic means if a fixed charge notice penalty has been paid already. That is something I was keen to notify the committee of. We may do it on Report Stage.

Select Committee on Justice and Equality: Courts (No. 2) Bill 2016: Committee Stage (5 Apr 2017)

Jim O'Callaghan: It seems a bit anachronistic that a summons against a garda must be signed by a judge when it is not the case with anyone else. Perhaps it is something we must look at and it must make it more difficult for a garda to summons another garda if, in order to do so, he or she is required to get the imprimatur and signature of a judge. We can take it up on Report Stage but perhaps the committee...

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

Jim O'Callaghan: I am sorry if I sound like a broken record but Deputy Jonathan O'Brien and I were in the Dáil last night and commented on the fact that it is unsatisfactory that we were coming in here, planning to deal with amendments to the Bail (Amendment) Bill having been given very short notice that we would have to deal with amendments to the Criminal Justice (Public Order) Act and the Criminal...

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

Jim O'Callaghan: Up to now, apprehension and detention by the gardaí has been dealt with through the common law. The common law is a very vague animal and the public cannot really point to any section in an Act and state that is where the power comes from. It is beneficial, therefore, to have it on a statutory basis to protect the gardaí and the individuals concerned so that there is a legal basis...

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

Jim O'Callaghan: It can take longer for certain individuals to sober up.

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

Jim O'Callaghan: One can be detained again.

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

Jim O'Callaghan: I am happy to go along with Deputy Daly's proposal although perhaps it requires further consideration. Section 6(1)(b) says: "the recognisance may be subject to such conditions as the court considers appropriate having regard to the circumstances of the case". The proposal is that we would change the word "appropriate" and put in the words "necessary and proportionate". I do not think...

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

Jim O'Callaghan: I also will not be supporting the amendment for the following reasons. A person accused of sexual assault or rape can apply for and be granted bail. One of the conditions of bail set by a judge is that the person must stay away from the complainant in the sexual assault or rape case. If the individual who is accused then turns up near the house of or in the vicinity of the area in which...

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

Jim O'Callaghan: The words "electronic monitoring" sound very negative, but we have to consider how such a provision is imposed. People are arrested and charged with serious offences. They then look to be released on bail. The likelihood is that they will not be granted bail and that they will be remanded in custody until such time as their trial is held. That is an option to be avoided, but they have to...

Select Committee on Justice and Equality: Bail (Amendment) Bill 2016: Committee Stage (5 Apr 2017)

Jim O'Callaghan: I would like to provide a practical assessment of it. A bail list appears approximately twice a week in the High Court. Yesterday, the bail list in Cloverhill contained 22 applications. If we just limit it to the High Court, that is dealt with on Mondays. They are dealt with promptly and fairly and the judges have an understanding of what the law is, as do the practitioners. If there was...

Written Answers — Department of Justice and Equality: EU Directives (5 Apr 2017)

Jim O'Callaghan: 111. To ask the Minister for Justice and Equality if she is satisfied as to the effectiveness of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 as it applies in respect of mortgages between customers and financial institutions; her plans to strengthen these regulations; and if she will make a statement on the matter. [16975/17]

Bail (Amendment) Bill 2016: Instruction to Committee (Resumed) (4 Apr 2017)

Jim O'Callaghan: I re-emphasise that it is unsatisfactory that members of the Committee on Justice and Equality who are meeting tomorrow at 9 a.m. are being asked to deal with wholly new amendments in respect of the Bail (Amendment) Bill. The amendments are such that the Tánaiste has seen fit to amend the Title of the legislation, and instead of the Bail (Amendment) Bill, we will now be dealing with a...

Bail (Amendment) Bill 2016: Instruction to Committee (4 Apr 2017)

Jim O'Callaghan: I suspect I will need to speak again when the debate resumes after Private Members' business. It is unsatisfactory that the Joint Committee on Justice and Equality, which is due to meet tomorrow morning, is this evening being asked to deal with amendments to important legislation. I note from the Minister of State's contribution that the proposed amendments are in respect of the Criminal...

Written Answers — Department of Justice and Equality: Garda Data (4 Apr 2017)

Jim O'Callaghan: 127. To ask the Minister for Justice and Equality the number of deputy and assistant commissioners there are in An Garda Síochána; and if she will make a statement on the matter. [16170/17]

Written Answers — Department of Justice and Equality: Courts Service Data (4 Apr 2017)

Jim O'Callaghan: 128. To ask the Minister for Justice and Equality the total value of court fines imposed from 2011 to 2016; and the amount of same which remains unpaid for each year. [16182/17]

Other Questions: Garda Deployment (30 Mar 2017)

Jim O'Callaghan: I will ask Shane Ross.

Ceisteanna - Questions - Priority Questions: Workplace Relations Commission (30 Mar 2017)

Jim O'Callaghan: This is a very important issue. It involves very complicated factors such as whether gardaí would have a right to strike. At present, they do not have that right. I am not suggesting that the Garda Representative Association, GRA, or the Association of Garda Sergeants and Inspectors, AGSI, should have a veto on proposed legislation. However, it is important, if we are setting up a...

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