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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.

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

Jim O'Callaghan: I move amendment No. 58: In page 26, line 24, after “account” to insert the following: “, while also taking into consideration that not one or more of the factors asserted shall be sufficient to establish whether the content ofthe relevant record should be disclosed”.

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

Jim O'Callaghan: I move amendment No. 61: In page 26, between lines 34 and 35, to insert the following: “(h) the risk of harm to the person to whom the record relates.”.

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

Jim O'Callaghan: I move amendment No. 76: In page 27, between lines 26 and 27, to insert the following: “(c) The breach of any condition on disclosure imposed by the court shall be a criminal offence.”.

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

Jim O'Callaghan: I move amendment No. 88: In page 28, between lines 21 and 22, to insert the following: "PART 7 CONSENT "Choice of individual to consent 40.An individual consents if he or she agrees by choice and has the freedom and capacity to make that choice.". In light of what we discussed earlier with regard to a definition of consent being included, I will withdraw this amendment.

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

Jim O'Callaghan: I move amendment No. 89: In page 28, between lines 21 and 22, to insert the following: "Non-consent to sexual activity 41.An individual is to be taken not to have consented to sexual activity where— (a) the defendant intentionally deceived the complainant as to the nature or purpose of sexual activity, (b) the defendant intentionally induced the complainant to consent to sexual...

Written Answers — Department of Justice and Equality: Garda Deployment (6 Dec 2016)

Jim O'Callaghan: 101. To ask the Minister for Justice and Equality the number of Garda liaison officers with Europol from 2010 to date in 2016 in tabular form; and if she will make a statement on the matter. [38866/16]

Written Answers — Department of Justice and Equality: Garda Districts (6 Dec 2016)

Jim O'Callaghan: 102. To ask the Minister for Justice and Equality the number of juvenile liaison officers per annum from 2010 to date in 2016 by Garda district in tabular form; and if she will make a statement on the matter. [38867/16]

Written Answers — Department of Education and Skills: School Accommodation (6 Dec 2016)

Jim O'Callaghan: 178. To ask the Minister for Education and Skills when an application for additional accommodation in a school (details supplied) will be processed; and if he will make a statement on the matter. [38882/16]

Written Answers — Department of Public Expenditure and Reform: Garda Station Closures (6 Dec 2016)

Jim O'Callaghan: 264. To ask the Minister for Public Expenditure and Reform if he will provide a county update on the number of closed Garda stations that have been sold since 2011; the total revenue raised; and if he will make a statement on the matter. [38869/16]

Written Answers — Department of Public Expenditure and Reform: Garda Station Expenditure (6 Dec 2016)

Jim O'Callaghan: 265. To ask the Minister for Public Expenditure and Reform the annual cost of security and maintenance on closed Garda stations that have not been sold by county in tabular form; and if he will make a statement on the matter. [38870/16]

Prisons (Solitary Confinement) (Amendment) Bill 2016: Second Stage [Private Members] (1 Dec 2016)

Jim O'Callaghan: I will start by thanking Deputies Wallace and Paul Murphy for permitting me to speak ahead of them. I also want to welcome this Bill and the opportunity to speak on the Irish Prison Service, on prison officers and the prisoners who are held within our prisons. It is instructive to note that since I became justice spokesperson for Fianna Fáil, on many occasions in this House I have...

Select Committee on Justice and Equality: Business of Committee (1 Dec 2016)

Jim O'Callaghan: Before we proceed, may I raise a point of order?

Select Committee on Justice and Equality: Business of Committee (1 Dec 2016)

Jim O'Callaghan: I wish to outline the context in which raise my point of order. This Bill was introduced in the Dáil on 24 October 2016. It went through Second Stage on 15 November 2016. The explanatory memorandum to the Bill explains that the Bill was being introduced to deal with the consequences of the ruling of the Court of Appeal in the case of Permanent TSB plc v.Langan. When the Minister of...

Select Committee on Justice and Equality: Business of Committee (1 Dec 2016)

Jim O'Callaghan: Yes, it has. The determination I handed to the Chairman is the determination of the Supreme Court dated 17 November 2016. The court has determined that there will be an appeal on the matter. The parties to the case, the appellant in the Supreme Court, PTSB, brought an application seeking the permission of the Supreme Court, which is only granted in exceptional circumstances, to hear an...

Select Committee on Justice and Equality: Business of Committee (1 Dec 2016)

Jim O'Callaghan: The Supreme Court is hearing cases much faster now because of the presence of the Court of Appeal. The decision of the Court of Appeal was given in July. The Supreme Court is giving listings for cases within periods of six months to nine months. It is faster but I cannot be definitive on that. I do not believe we should proceed with this committee hearing when a Supreme Court appeal will...

Select Committee on Justice and Equality: Business of Committee (1 Dec 2016)

Jim O'Callaghan: We should not proceed with Committee Stage today. If it is the case that the Supreme Court allowed this appeal, then we will not have to introduce this legislation. This House should be cautious about introducing legislation which is unnecessary. As well as that, the Supreme Court is determining the matter. We do not want parties in the Supreme Court saying that this has been affected or...

Select Committee on Justice and Equality: Business of Committee (1 Dec 2016)

Jim O'Callaghan: I learned of it last Friday. In fact, it was reported in The Irish Timesthat the Supreme Court granted permission to appeal. I then checked the courts register and website. That is where the determination I handed up to the Chairman is available. In respect of the case, it talks about an important issue of public importance in the case. That is why there is legislation here. We should...

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