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Civil Debt (Procedures) Bill 2015: Second Stage (3 Jul 2015)

Clare Daly: The heralding of the Bill as a planned progressive step to stop people being imprisoned for non-payment of debt is a sleight of hand. As other Deputies have pointed out, the reason we are here today, on a non-sitting day, is that the Government has lost the battle to convince Irish citizens they should pay water charges and buy in to the Irish Water project. What we have seen in the past...

Coroners Bill 2015: First Stage (2 Jul 2015)

Clare Daly: I move: "That the Bill be taken in Private Members' time."

Coroners Bill 2015: First Stage (2 Jul 2015)

Clare Daly: I move:That leave be granted to introduce a Bill entitled an Act to amend, consolidate and extend the law relating to coroners, coroners' investigations and coroners' inquests, to provide for the establishment of a body to be known as an tSeirbhís Chróinéara or, in the English language, the Coroner Service, to define its functions, to provide for certain transitional matters...

Leaders' Questions (2 Jul 2015)

Clare Daly: It is about taxpayers' money.

Leaders' Questions (2 Jul 2015)

Clare Daly: Its remit is limited.

Leaders' Questions (2 Jul 2015)

Clare Daly: The Tánaiste is the one answering the questions.

Leaders' Questions (2 Jul 2015)

Clare Daly: Does she have confidence in NAMA?

Leaders' Questions (2 Jul 2015)

Clare Daly: In a few years' time the Tánaiste will be in before another committee for the NAMA tribunal.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children (Amendment) Bill 2015 [Seanad]: Committee Stage (2 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.”,”. I will be very brief. I hope we can meet our deadline of 12...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children (Amendment) Bill 2015 [Seanad]: Committee Stage (2 Jul 2015)

Clare Daly: The precise point is that we are speaking about people on remand, which means they have not been convicted of any crime. We live in a state where someone is innocent until proven guilty. The statistics compiled by the Children’s Rights Alliance show that last year only 27% of the children who were remanded ended up with a conviction. In other words, if we do not put a limit in...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children (Amendment) Bill 2015 [Seanad]: Committee Stage (2 Jul 2015)

Clare Daly: I move amendment No. 3:In page 8, line 10, after “of”,” to insert “and by the deletion of “as far as practicable and where it is in the interests of the child”. This is very clear. It is about where a remand centre is part of a children's detention school. When children are remanded in custody to the centre the legislation as currently stands says...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children (Amendment) Bill 2015 [Seanad]: Committee Stage (2 Jul 2015)

Clare Daly: The last point made by the Minister is the only one that I believe carries any weight. This legislation must always be framed in the context of the child's best interest. I would not buy financial considerations and extra building pressures as an argument. This debate is indicative of why we should not remand children at all - the best way of dealing with the issue would be to move away...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children (Amendment) Bill 2015 [Seanad]: Committee Stage (2 Jul 2015)

Clare Daly: I move amendment No. 4:In page 8, line 38, to delete “whether another” and substitute “what other”. I wish to see some amendments being accepted and this is a fairly harmless one. It is about a certain amount of unacceptable latitude provided at the moment in the transfer of children on remand, and circumstances where it would not be in the best interests of the...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children (Amendment) Bill 2015 [Seanad]: Committee Stage (2 Jul 2015)

Clare Daly: The second part is linked to some of the points that the Minister made, and they follow on from that. The first part is in relation to putting a ceiling on the sentencing of a child - that is, that a court may not sentence a child to more than three years in detention. The original Children Act of 2001, before it was amended in 2006, contained an upper limit on the time a child could spend...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children (Amendment) Bill 2015 [Seanad]: Committee Stage (2 Jul 2015)

Clare Daly: It is precisely in the context of an awareness that there are talks going on behind the scenes on the requirement to have the judgment in writing that we moved the amendment. The Law Reform Commission, LRC, also recommended this. As it is under way, it would be good to have it included. Even though it is contained in the section on limiting sentences, it refers to all cases where any period...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children (Amendment) Bill 2015 [Seanad]: Committee Stage (2 Jul 2015)

Clare Daly: I move amendment No. 6:In page 10, line 6, after “offence” to insert the following:“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 specifies everything we have stated is the objective of the...

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children (Amendment) Bill 2015 [Seanad]: Committee Stage (2 Jul 2015)

Clare Daly: I thought we were supposed to be co-operating here and that everybody was supposed to tighten up on their contributions. In some ways, the idea that the provision already exists should mean that it should not be a problem stating it again. We shall look at the matter on Report Stage.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children (Amendment) Bill 2015 [Seanad]: Committee Stage (2 Jul 2015)

Clare Daly: I shall withdraw my amendment for now but reserve the right to introduce it again.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children (Amendment) Bill 2015 [Seanad]: Committee Stage (2 Jul 2015)

Clare Daly: I move amendment No. 7:In page 10, to delete lines 7 to 9 and substitute the following:“(2) The Court shall not impose a period of detention in excess of three years. Where a court imposes any period of detention on a child it shall give its reasons for doing so in writing in language that is appropriate to the age and level of understanding of the child.”.

Committee on Health and Children: Select Sub-Committee on Children and Youth Affairs: Children (Amendment) Bill 2015 [Seanad]: Committee Stage (2 Jul 2015)

Clare Daly: I move amendment No. 8:In page 24, between lines 33 and 34, to insert the following:“(2A) Where an inquiry is held under subsection (1) the child shall be provided with an opportunity to be heard and to respond to any allegation of disciplinary breach orally or in writing.”. My amendment provides that if a child is subject to an inquiry over a disciplinary breach that he or she...

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