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Children (Amendment) Bill 2015 [Seanad]: Report and Final Stages (15 Jul 2015)

Clare Daly: I move amendment No. 8:In page 25, between lines 6 and 7, to insert the following:“(5) At the conclusion of the inquiry, if a finding of a disciplinary breach under section 201 has been made and/or if a sanction has been imposed under section 201A, the child shall be informed of his or her right to send to the Director, for transmission to the Minister, a petition concerning the...

Children (Amendment) Bill 2015 [Seanad]: Report and Final Stages (15 Jul 2015)

Clare Daly: I move amendment No. 9:In page 25, between lines 31 and 32, to insert the following:“(1A) Any child who breaches the rules of a children detention school may be sanctioned on the instructions of the Director of the school in a way that is both reasonable, proportionate and within the prescribed limits. (1B) Without prejudice to the power of the Minister to prescribe limits for the...

Children (Amendment) Bill 2015 [Seanad]: Report and Final Stages (15 Jul 2015)

Clare Daly: I compliment the Minister and his staff. It is a great step forward and igood that we are passing this legislation before the recess. It is an important departure from the dark old days when children, like women, were treated as vessels. The Bill treats them as individuals with problems who can be worked with and make a valuable contribution to society. It is a great body of work. Well done.

Children (Amendment) Bill 2015 [Seanad]: Report and Final Stages (15 Jul 2015)

Clare Daly: I move amendment No. 4:In page 10, to delete lines 10 to 12 and substitute the following:“(2) The court shall not impose a period of detention in excess of three years.”.Amendment No. 4 relates to providing for a maximum sentence of three years for children. Maximum sentences for juvenile offenders are common elsewhere in Europe. This country is unusual in the fact that we...

Children (Amendment) Bill 2015 [Seanad]: Report and Final Stages (15 Jul 2015)

Clare Daly: I will not rehash the arguments we made on Committee Stage either, but children are different. If the Minister is worried about 17 year olds, he could consider putting them in a different category, as distinct from 13 and 14 year olds. In Sweden they do not incarcerate anybody under the age of 15 years, no matter what the crime is. In the main, we are talking about vulnerable children who...

Children (Amendment) Bill 2015 [Seanad]: Report and Final Stages (15 Jul 2015)

Clare Daly: In the matter of a child's opportunity to be heard and respond to an allegation of a breach of discipline, as the Bill stands, a child does not have the right to respond. The stakes, however, are high. Potentially, the forfeiture of 14 days remission, effectively a loss of liberty, is at stake. Therefore, the child must be heard. It would be good to write this into the Bill.

Children (Amendment) Bill 2015 [Seanad]: Report and Final Stages (15 Jul 2015)

Clare Daly: I move amendment No. 3:In page 10, line 9, to delete “offence.” and substitute the following:“offence, and may be less. The Court shall have regard to the age, level of maturity, best interests of the child and the principle of detention as a last resort in determining the nature of any penalty imposed.”.This amendment provides for that which the Bill is supposed...

Children (Amendment) Bill 2015 [Seanad]: Report and Final Stages (15 Jul 2015)

Clare Daly: The measures the Minister outlined that are available already to young people are welcome. I do not object to them. I broadly welcome this Bill. We are trying to make it better. We are not outlawing the possibility of a young person's being remanded in custody. We are trying to ensure the State is forced to act and the onus is on it to expedite the trial. If a young person is accused of...

Children (Amendment) Bill 2015 [Seanad]: Report and Final Stages (15 Jul 2015)

Clare Daly: It is not a question of the perpetrator of a crime getting off on a technicality. That is the wrong issue. It is a question of somebody who has been charged with a crime having a right to an expeditious trial in order that the courts can then decide if the person is guilty. It is a question of people being held at a time when they have not been convicted and we do not know whether they are...

Children (Amendment) Bill 2015 [Seanad]: Report and Final Stages (15 Jul 2015)

Clare Daly: I move amendment No. 1:In page 8, between lines 3 and 4, to insert the following:“(a) by the insertion of the following subsection after subsection (2):“(2A) The maximum total period that a child may spend remanded in custody is three months from the date of being remanded in custody by the Court.”.”.We discussed this issue on Committee Stage. I have tabled a...

Climate Action and Low Carbon Development Bill 2015: Report and Final Stages (15 Jul 2015)

Clare Daly: This is intrinsically linked to it.

Climate Action and Low Carbon Development Bill 2015: Report and Final Stages (15 Jul 2015)

Clare Daly: I refer to some of the points made by Deputy Stanley. It is a disgrace that the discussion of this Bill is rammed into a half an hour the day before the summer recess. I mean no disrespect to the Minister of State but the fact that the Minister for the Environment, Community and Local Government is not present for a discussion on the biggest challenge facing our country and our planet is a...

Climate Action and Low Carbon Development Bill 2015: Report and Final Stages (15 Jul 2015)

Clare Daly: We have tabled one of the amendments but the reality is that it is just a bit of a sop. The change was obviously at the request of Friends of the Earth in order to change the name of the group. However, it really only makes sense if the ex officio members are to be taken off the panel. To me, the proposal is just an attempt by the Government to say it is really listening to the submissions...

Northern Ireland: Statements (15 Jul 2015)

Clare Daly: I propose to share my time with Deputies Mick Wallace and Paul Murphy. The discussion thus far shows that electoral considerations down here are more important to some Deputies than the actual reality on the ground in Northern Ireland. I am happy to talk about the situation there. I am privileged to be part of a cross-party group of Deputies and Senators who have taken it on...

Northern Ireland: Statements (15 Jul 2015)

Clare Daly: There has been an attempt made by NAMA to state the Project Eagle portfolio was a poor one, but the reality is that it was the biggest transaction in the history of the State. It was not a poor portfolio. The idea that we could not have got more money for it is, quite simply, laughable. Not only did it not get an extra €1 billion for it, it did not even recover the amount it had...

Northern Ireland: Statements (15 Jul 2015)

Clare Daly: I have not. They are not matters in dispute. It is on public record at the Committee of Public Accounts and has been confirmed by the parties that €15 million was set aside. The legal firm Tughan's has confirmed that it retrieved the sum of €7 million. It was supposedly only employed for four weeks. Are complex legal arrangements involved? They must have been very complex...

Northern Ireland: Statements (15 Jul 2015)

Clare Daly: To destabilise the peace process.

Leaders' Questions (15 Jul 2015)

Clare Daly: The facts are not the-----

Leaders' Questions (15 Jul 2015)

Clare Daly: It is not being set up by Deputy Wallace.

Leaders' Questions (15 Jul 2015)

Clare Daly: The Taoiseach has not done a great job on it, has he?

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