Results 11,041-11,060 of 15,536 for speaker:Helen McEntee

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

Helen McEntee: It can replace it but that does not have to be the case.

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

Helen McEntee: Yes.

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

Helen McEntee: The difference is between where someone is being arraigned and where other types of matters are being assessed, which is the second part. It is not only arraigning a person but considering matters such as case management, the availability of witnesses and the length of the trail. We would be going into a different type of list. This is simply focusing on arraignment. It would be more...

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

Helen McEntee: To give some context, section 21 of that Act, as the Deputy outlined, states: In any proceedings relating to an offence, where a court is satisfied that— (a) the nature or circumstances of the case are such that there is a need to protect a victim of the offence from secondary and repeat victimisation, intimidation or retaliation, and (b) it would not be contrary to the...

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

Helen McEntee: It is provided for in the Criminal Justice (Victims of Crime) Act. It sets out that where a person will be victimised, where there will be intimidation or where it is contrary to the interests of justice, a question about a person's private life is not acceptable. It is not for me or the Deputy to decide whether that is appropriate in the context of a case. It is very much up to a judge to...

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

Helen McEntee: It is explained in the Bill that a relevant order relates to the admissibility of evidence. This is a significant part of the legislation. One of the reasons we are introducing pretrial hearings is to allow a decision to be made on whether evidence is relevant. The Bill sets out that a relevant order "means an order as to the admissibility of evidence”. I am not sure we would want...

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

Helen McEntee: I understand where the Deputy is coming from. There is an onus on the prosecution and defence to highlight particular issues they want to raise at the pretrial hearing. It is important that these are not put off and it is claimed later that something has arisen and needs to be raised. Section 6(17) provides that there is an obligation on the prosecution and accused to inform the trial...

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

Helen McEntee: I thank the Deputy for his amendment. It is important we review all legislation. Deputies are aware that there is an existing provision within Standing Orders for post-enactment reports. It is Standing Order 197. It must be prepared by the Government or the Minister responsible for the legislation 12 months following the enactment. It provides for a review of the functioning of the Act...

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

Helen McEntee: It applies to all legislation.

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

Helen McEntee: I do not know if it could happen before a change to the particular Standing Order but I am happy, unless otherwise recommended, to have a discussion with the committee or have something presented to the Dáil on the legislation, whether it happens at the request of the committee or automatically. Perhaps that is something that should be discussed by the committee dealing with changes to...

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

Helen McEntee: The period of 24 months is probably a good idea as some legislation is more complex and takes longer to bed in and even understand. In this case, the legislation has been requested for a long time and some concerns have been raised with us by those who have engaged with us on the matter. My concern is that by waiting and including in primary legislation a requirement to have a review after...

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

Helen McEntee: Perhaps we could clarify it. It is clarified in the legislation that the relevant order relates to the admissibility of evidence, which is a key part of the reasoning behind the legislation.

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

Helen McEntee: The legislation goes a certain distance to deal with what Deputy Martin Kenny has outlined as well. The Minister can set out under section 5(2) to section 5(4) the types of orders that can be set under this legislation that can be addressed in the preliminary trial hearing, the reasons for doing so, the nature of the offence concerned and the complexities that arise in particular offences....

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

Helen McEntee: I would just like to thank colleagues for the speedy passage of this Stage of the Bill and their support. It was quite a technical Bill in terms of the amendments that are being put forward. It has been sought for some time. I was looking at not just the O'Malley report, but the Hamilton report, the Fennelly report of 2012 and the McDermott report of 2013. This will make a difference and...

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

Helen McEntee: The intention is that it will be enacted at the same time.

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Helen McEntee: I thank Senator McDowell and other Senators for the manner in which they have worked with my Department and me to ensure the speedy passage of this legislation in order that we can implement change and address the concerns that have been raised. A number of issues have arisen since Senator McDowell published this Bill which I propose to address in these amendments. Amendment No. 1 proposes...

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Helen McEntee: I thank Senator McDowell for his amendment. It is important to stress the co-operative and collegiate approach in which this legislation has been approached. I asked my officials to consider the amendment he proposed and the possibility of accepting it.As Senator McDowell has said, the policy is the same and what we are trying to achieve here is essentially the same. The advice I have been...

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Helen McEntee: I will outline the advice we have received. On the substitution of section 252, this would constitute a repeal and re-enactment with modifications which then engages section 26(2) of the Interpretation Act. The implications of the application of section 26(2) would need to be carefully considered and that it is not possible in the timeframe involved. The advice is that amending section 252...

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Helen McEntee: I will address three points. The first is Senator McDowell's amendment. I am not suggesting the amendment will change the substance of the policy or content of the Bill, it is simply a sense that replacing the sections and changing subsection numbers might create a difficulty. It is important that every Member is clear about what has changed, to try to avoid any confusion with references...

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Helen McEntee: Section 252 creates a criminal offence and, therefore, there is a need that people, including the media, the courts and even the Director of Public Prosecutions, know in advance the date on which the new provisions will come into force. We will not know in advance the date on which the President will sign the Bill, and there can be a short delay as a new Act is promulgated before it becomes...