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Personal Insolvency (Amendment) Bill 2020: Second Stage (13 May 2021)

Martin Kenny: ...I hope the further work coming down the track will go a considerable distance to bring balance back to that situation. Apart from working on the issues of insolvency and people in debt, we need to examine the bigger picture of banking policy in this country and how we are going to get over the clear difficulties. Those difficulties are not only a problem when people get into debt; they...

Select Committee on Justice and Equality: Estimates for Public Services 2021
Vote 20 - Garda Síochána (Revised)
Vote 21 - Prisons (Revised)
Vote 22 - Courts Service (Revised)
Vote 24 - Justice (Revised)
Vote 41 - Policing Authority (Revised)
Vote 44 - Data Protection Commission (Revised)
(30 Mar 2021)

Martin Kenny: ...for people to be engaged in all the time. There is a need for a programme of support for the people working in that category of crime detection and evidence research. The section is quite understaffed and that needs to be examined in general. If satellite hubs are being set up, I welcome that and ask for more detail in that regard.

Civil Liability and Courts (Amendment) Bill 2021: Second Stage [Private Members] (25 Mar 2021)

Martin Kenny: ...matters. Subsection 2B states that the court may make the order for costs at its discretion. That is exactly as it happens at the moment. Maybe that needs to be tightened up or we need to examine where that is going. Regarding whether a file should be sent to the Director of Public Prosecutions, what we have here is a civil case being taken by an individual against another...

Residential Tenancies Bill 2021: Second Stage (Resumed) (25 Mar 2021)

Martin Kenny: ...do is understand there are many people who may fall into rent arrears in a pandemic and who will have to try to find alternative accommodation. That is totally inappropriate. The Minister needs to re-examine this legislation, accept the amendments put forward on it and do something about the three issues I raised, especially the HAP and the income level at which people can go on the...

Joint Oireachtas Committee on Justice, Defence and Equality: Victims' Testimony in Cases of Rape and Sexual Assault: Discussion. (23 Mar 2021)

Martin Kenny: ..., are recorded when people go into the interview rooms in Garda stations to make statements. How and in what measure can these statements be brought to bear more on the trial and the process? Cross-examination is the big issue, most people find. When they are in the courtroom and the cross-examination is taking place they get into a really vulnerable state. There is huge trauma around...

Criminal Procedure Bill 2021: Report and Final Stages (11 Mar 2021)

Martin Kenny: ...of preliminary hearings. A reassessment of what has been achieved by legislation of this nature would address issues similar to that raised in our amendment, for example, the practice of examining the previous sexual conduct of victims. Another issue, which was brought up earlier, concerns the counselling notes of a victim of sexual abuse. I refer to a situation where a person who...

Criminal Procedure Bill 2021: Report and Final Stages (11 Mar 2021)

Martin Kenny: ...in the Bill. This issue relates to preliminary hearings. The language in the Bill suggests that, for instance, at a preliminary hearing of a serious sexual crime case a defence team could seek leave to cross-examine the witness or victim, depending on the term one wishes to use, regarding their previous sexual experience. All Members know that in many of these cases there may be issues...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Martin Kenny: ...such hearings be abolished. The reports on this side of the Border, however, have recommended that we introduce such hearings to speed up justice. The main issue in the North concerned the cross-examination of victims at a hearing. It was not considered appropriate for this to happen at a committal hearing or preliminary hearing. What we want to do is ensure that whatever wording we...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Martin Kenny: On the issue of the review, this is going to set up a court procedure and that will take time. The reality is that within a year, there will be very little to examine or on which to carry out a study. It will take a little time to see what the outworking of this legislation is. It will probably take two or perhaps three years before we will be able to have a review which would have any...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: European Court of Justice Rulings (10 Dec 2020)

Martin Kenny: I appreciate that. It is vital that the Garda Síochána has access, when appropriate, to carry out its work. The other aspect of this that must be examined is social media and what happens there. I know there is some preparation to examine the possibility of hate crime, hate speech and so forth. Again, we have to be very careful about this because people have a right to freedom...

An tOrd Gnó - Order of Business (24 Nov 2020)

Martin Kenny: ..., a number of Ministers have come into this Chamber in similar circumstances, and questions have been taken, they have made a statement and everyone in the Chamber has had the opportunity to cross-examine them on various issues. All we want is exactly the same for the Minister for Justice. The Minister for Justice should be no more precious than the Tánaiste or anyone else in this...

Regulation of Private Security Firms Bill 2019: Second Stage [Private Members] (12 Nov 2020)

Martin Kenny: ...in those situations, the use of these security firms is completely out of hand. With regard to the issue of evictions during the Covid pandemic, an extension of the bar on evictions needs to be closely examined. That needs to be looked at very seriously because we cannot allow a situation in which people who are already stressed and under pressure are also put in fear of repossession...

Education (Admission to Schools) (Amendment) Bill 2020: Second Stage [Private Members] (5 Nov 2020)

Martin Kenny: ...all the children of the nation equally. That is what needs to happen. That needs to change. I hope that by next Wednesday, when it comes to the vote, the Minister and her colleagues can re-examine this and recognise that there is merit in doing it now. It will not go through Committee Stage in a matter of weeks. It will take months and possibly more than a year. The Minister is...

Education (Admission to Schools) (Amendment) Bill 2020: Second Stage [Private Members] (5 Nov 2020)

Martin Kenny: ...and then they put a little pressure on parents to try to come up with some. All of that leads to a withdrawal of free education replaced by partially free education. That needs to end and the Minister seriously needs to examine that. I have in mind situations involving school buses. When I was going to school, we got the school bus and there was no charge for it. Now there is a...

Criminal Justice (Enforcement Powers) (Covid-19) Act 2020: Motion (4 Nov 2020)

Martin Kenny: ...to revisit the provisions in February, which is in three months. We can then look a further three months forward if need be. Hopefully we would not need to do that then. The more often we can revisit these matters, re-examine them and learn from the experience we have when they are in force, the better. As I said, we need to have a strategy. The World Health Organization and the vast...

Forestry (Planning Permission) (Amendment) Bill 2018: Second Stage [Private Members] (23 Oct 2020)

Martin Kenny: ...farmland and forestry offers the best return to the farmer, mainly due to the grants, and also solves the country's carbon sequestration obligations. Some of this may be correct but closer examination reveals negative realities that also must be addressed. The general model of afforestation in the State is large blocks of Sitka spruce trees, which are relatively fast growing conifer...

Forestry (Miscellaneous Provisions) Bill 2020 [Seanad]: Second Stage (29 Sep 2020)

Martin Kenny: ...contributor to pollution in County Leitrim. It will be the same in many other counties if the intention is to expand the amount of land planted. There are consequences to that expansion and those consequences need to be examined and preparations made to mitigate them. We must work with people to ensure the Dáil is not still debating these issues in 20 years' time because some other...

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Garda Resources (10 Sep 2020)

Martin Kenny: ...I believe is when it was first mooted to be required. The funding was applied for and was actually first sought from the Minister's Department in March 2019. A good article appeared in the Irish Examinerregarding this which stated the digital Government oversight unit received a business case from the Department of Justice and Equality in August 2020. What happened in those 15 months?...

Special Committee on Covid-19 Response: Covid-19: Legislative Framework Underpinning the State's Response (9 Sep 2020)

Martin Kenny: ...if some of the regulations seem to fly in the face of what most ordinary people would call common sense. We have seen aspects of that in this jurisdiction and in others as well. We need to examine the regulatory process, including how it is drawn up, to see if we can bring about more scrutiny. It is not to delay or in any way inhibit the power of a Minister but to simply be able to...

Special Committee on Covid-19 Response: Covid-19: Legislative Framework Underpinning the State's Response (9 Sep 2020)

Martin Kenny: ...difficulties arising from all of it. I believe the witness mentioned Australia, where regulations are published 48 hours before coming into effect, meaning there is a small period when people can examine them. I suggest that regulations should have a type of "pre-regulation scrutiny", similar to our normal process of pre-legislative scrutiny. It would be appropriate for a committee of...

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