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Written Answers — Residency Permits: Residency Permits (12 Mar 2008)

Brian Lenihan Jnr: The position in relation to granting long term residency is as follows: Persons who have been legally resident in the State for over five years on the basis of work permit/work authorisation/work visa conditions may apply to the Immigration Division of my Department for a five year residency extension. In that context they may also apply to be exempt from employment permit requirements....

Written Answers — Crime Levels: Crime Levels (12 Mar 2008)

Brian Lenihan Jnr: The strategy of An Garda Síochána for reducing the incidence of crime and criminal behaviour is set out in its Corporate Strategy Document for 2007-2009, A Time for Change. The priorities for An Garda Síochána for 2007 which my predecessor as Minister determined under section 20 of the Garda Síochána Act 2005 are set out on page two of the Garda Síochána Policing Plan for 2007. The...

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 16: In page 21, line 26, to delete "in".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 17: In page 22, line 1, to delete "shall be" and substitute "is".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment. No. 18: In page 22, line 37, after "ex parte" to insert "and otherwise than in public". Amendments Nos. 19 and 23, proposed by Deputy Rabbitte, are alternatives to amendments Nos. 18 and 22. These are in response to matters raised by Deputy Rabbitte during the debate on Committee Stage, which I agreed to ask the Parliamentary Counsel to examine. Amendments are now being...

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 20: In page 23, to delete lines 21 to 24 and substitute the following: "(5) An order under this section has effect notwithstanding any obligation as to secrecy or any other restriction on disclosure imposed by statute or otherwise.". Amendments Nos. 21 and 25, as proposed by Deputy Rabbitte, are alternatives to the official amendments Nos. 20 and 24. They also address an...

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 22: In page 25, line 40, after "ex parte" to insert "and otherwise than in public".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 24: In page 26, to delete lines 26 to 29 and substitute the following: "(5) An order under this section has effect notwithstanding any obligation as to secrecy or any other restriction on disclosure imposed by statute or otherwise.".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 26: In page 27, between lines 25 and 26, to insert the following: "(2) Subsection (1) is without prejudice to the law relating to contempt of court.".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 27: In page 29, line 18, after "where" to insert "the request".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 28: In page 29, line 19, to delete "the request".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: The Deputy expressed his concern that the provision would allow the law to be changed by Executive act rather than primary legislation. The subsection gives effect to two articles in the 2000 convention. The State may make a declaration under the articles at the time of entry into force of the convention to the effect that immediate transmission of interceptions is not possible. In those...

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 30: In page 31, line 39, to delete "1993," and substitute "1993".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 31: In page 34, line 35, after "2003)" to insert the following: ", as amended by the European Communities (Electronic Communications Networks and Services) (Authorisation) (Amendment) Regulations 2007 (S.I. No. 372 of 2007)".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 32: In page 35, line 2, to delete "1983 Act" and substitute "Act of 1983".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 33: In page 35, line 26, after "to" where it secondly occurs to insert "be".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 34: In page 39, to delete lines 4 to 9 and substitute the following: "(4) An order under this section does not apply in relation to any documents subject to legal privilege.".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I can give the Deputy some assurance by reference to the Interpretation Act 2005, which provides at subsection 26 (2) that, where an enactment repeals a former enactment, proceedings taken under the former enactment may be continued under and in conformity with the new enactment in so far as they may be done consistently with the new enactment, which is possible under this legislation....

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 36: In page 48, line 23, to delete "damage" and substitute "prejudice".

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Report and Final Stages (12 Mar 2008)

Brian Lenihan Jnr: I move amendment No. 38: In page 54, line 3, to delete "exchange rate" and substitute "baseline rate of exchange".

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