Results 9,621-9,640 of 10,319 for speaker:Jim O'Callaghan

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

Jim O'Callaghan: It appears that the effect of the amendment is that a person cannot avail of the provisions in section 7(2)(c), (d) and (e) if the offence occurs prior to the commencement of the Act but that he or she can avail of the provisions contained in section 2. The relevant ones are that a person cannot get information relating to a decision by the DPP or a decision not to institute criminal...

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

Jim O'Callaghan: Fine.

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

Jim O'Callaghan: No, the points have been made in respect of my amendment No. 29.

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

Jim O'Callaghan: The Minister should accept the amendment and look at it further on Report Stage. It would be better than having a vote.

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

Jim O'Callaghan: Deputy Daly's amendment might have a better wording.

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

Jim O'Callaghan: My amendment proposes that the information provided to the victim would "contain relevant information to enable a victim to decide whether to request a review of a decision". Paragraph (c), which the amendment seeks to amend, relates to an investigation, which is the Garda part of the process. The first part is an investigation by the Garda, after which one has a decision by the Director of...

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

Jim O'Callaghan: I will take on board what the Tánaiste has said about the amendment introducing some subjective element on the part of the Garda. It has to try to figure out what the victim requires to decide whether to review decisions. I ask the Tánaiste to consider it for Report Stage and I will not move my amendment.

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”.