Results 8,921-8,940 of 9,252 for speaker:Jim O'Callaghan

Select Committee on Justice and Equality: Courts Bill 2016: Committee Stage (8 Dec 2016)

Jim O'Callaghan: I move amendment No 2:In page 3, to delete lines 31 and 32 and in page 4, to delete lines 1 to 7, and substitute the following:“(b) before the date of the passing of this Act, any party to those proceedings had queried, whether through pleadings or otherwise, the jurisdiction of the Circuit Court to adjudicate on the claim in being, or the Circuit Court had of its own motion raised...

Select Committee on Justice and Equality: Courts Bill 2016: Committee Stage (8 Dec 2016)

Jim O'Callaghan: I move amendment No. 10:10. In page 10, between lines 17 and 18, to insert the following:“Amendment of Land and Conveyancing Law Reform Act 2013 9. The Land and Conveyancing Law Reform Act 2013 is amended by the insertion, after section 4, of the following:“Protection of tenants on repossessed land 4A. (1) Where a mortgagee goes into possession of land of a mortgagor, or...

Select Committee on Justice and Equality: Courts Bill 2016: Committee Stage (8 Dec 2016)

Jim O'Callaghan: What is now being left in the Bill is that it is not really making provision for jurisdiction in the Circuit Court and the District Court. It is amending certain enactments concerning the jurisdiction of the Circuit Court and the District Court. If one looks at the contents of the Bill, sections 4 to 9, inclusive, which we have put in, are all amendments. Sections 1 to 3, inclusive, have...

Select Committee on Justice and Equality: Courts Bill 2016: Committee Stage (8 Dec 2016)

Jim O'Callaghan: Fine, that is agreeable.

Topical Issue Debate: Hospice Services Provision (7 Dec 2016)

Jim O'Callaghan: It is important to put on the record that the reason why my colleagues and I put this issue on the agenda today is because on 21 November the HSE refused the application that was submitted by Our Lady's Hospice for funding. The agency did so on two grounds. First, it said it could not approve it because the application was made retrospectively. Second, it said each agency has to follow the...

Topical Issue Debate: Hospice Services Provision (7 Dec 2016)

Jim O'Callaghan: I am very honoured to be given the opportunity to speak about Our Lady's Hospice in Harold's Cross, which is in my constituency. The hospice was founded by the Sisters of Charity back in 1879. Sometimes, the wonderful contribution that religious orders of all denominations have made to health care and education in the capital and beyond is sometimes forgotten. Even though it is described...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jim O'Callaghan: I would like to hear the Minister's response first.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jim O'Callaghan: I welcome the fact that the Minister intends to bring forward a definition of "consent" on Report Stage. I appreciate that this issue is complex and complicated. Like Deputy Coppinger, I have tried to define "consent" and it is difficult. It is important that we acknowledge that a great deal of sexual activity in Ireland is accompanied by alcohol consumption and we have to be careful about...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jim O'Callaghan: Perhaps the Deputy should go to the ombudsman.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jim O'Callaghan: It includes the definition of sexual intercourse.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jim O'Callaghan: It is at the very end.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jim O'Callaghan: To clarify the law as it stands, if a person is convicted on indictment for organising prostitution, does he or she face a term of imprisonment not exceeding five years and a fine of up to £10,000, the sum in punts?

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jim O'Callaghan: I think there should be a review. I agree that we do not just want a mechanical review after five years. I suggest there should be a review in two years. Everyone is interested to see how this well-intentioned legislation will develop. People on either side of the debate seem to think it will have diametrically opposite achievements. We will see what happens. I think the Minister should...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jim O'Callaghan: I may bring forward an amendment on Report Stage to section 27 that it apply to any male person, not just people over the age of 17 years. Also, the penalty being imposed is imprisonment for life, which is archaic. I will bring forward an amendment on Report Stage which perhaps the Minister might also consider.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jim O'Callaghan: I agree with the Deputy. It is instructive to note that the legislation refers to the Punishment of Incest Act 1908 which provided for a maximum sentence of three to seven years, yet, 109 years later, we are inserting a penalty of imprisonment for life. There could be a situation where two people were involved in a sexual act and they were both committing different sexual and criminal...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jim O'Callaghan: I move amendment No. 24: In page 20, after line 40, to insert the following: “(5) In criminal proceedings for a sexual offence, the court shall have regard to the following factors: (a) the public interest in encouraging the reporting of sexual offences; (b) the public interest in encouraging the obtaining of treatment by complainants of sexual offences; and (c) the public...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jim O'Callaghan: On that basis, I will withdraw the amendment.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jim O'Callaghan: I accept that and I will withdraw my amendment.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jim O'Callaghan: I am persuaded by what the Minister says so I will withdraw amendment No. 58.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Jim O'Callaghan: I will withdraw amendment No. 76 in light of what the Minister has said.