Results 11,081-11,100 of 16,537 for speaker:Brian Lenihan Jnr

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

Brian Lenihan Jnr: I move amendment No. 58: In page 77, line 18, to delete "17" and substitute "18".

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

Brian Lenihan Jnr: I move amendment No. 59: In page 77, line 20, to delete "17" and substitute "18".

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

Brian Lenihan Jnr: I move amendment No. 60: In page 77, line 21, to delete "14" and substitute "12".

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

Brian Lenihan Jnr: I move amendment No. 61: In page 77, to delete lines 23 and 24 and substitute the following: "(c) in the case of a child aged 10 or 11 years who is detained on suspicion of having committed an offence mentioned in subsection (2) of section 52 (restriction on criminal proceedings against children) of the Children Act 2001, as substituted by section 129 of the Criminal Justice Act 2006, the...

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

Brian Lenihan Jnr: I move amendment No. 62: In page 79, line 32, after "languages" to insert the following: "and the document is not in that language or one of those languages". Amendment No. 62 amends section 81(3) and is being introduced on the advice of the Parliamentary Counsel. This section ensures that where a document is served in the State on behalf of another state, it should be, if necessary,...

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

Brian Lenihan Jnr: I regret that I have not changed my mind on this issue. When it was raised on Committee Stage, I expressed my concern that the effect of the amendment would be to impose timescales on other states when documents are served here on their behalf. I agreed to take advice on the matter but I reiterate that I am unable for the reasons previously given to accept the amendment. I have been...

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

Brian Lenihan Jnr: Essentially.

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

Brian Lenihan Jnr: The notice indicates that the person on whom the document is served may wish to seek legal advice as to the possible consequences of failure to comply with it under the law of the state which issued it. Of course, the potential liability lies in the law of the issuing state. Where we are the recipient state, clearly there is no legal obligation.

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

Brian Lenihan Jnr: This is only for evidential purposes. In Europe it would fall to be determined whether the European arrest warrant procedure applied, whereas it would be a matter of extradition in respect of other countries. It is not generally a defence in extradition arrangements. I am seeking to clarify the position regarding the European arrest warrant. It is not a corresponding offence in this...

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

Brian Lenihan Jnr: That is in respect of the requesting state. The point Deputy Rabbitte raised was, assuming it is an offence in the requesting state, whether it is an offence in respect of which extradition can be sought from Ireland or to which the European arrest warrant procedure is applicable. I am advised it is not an extraditable offence and that the European arrest warrant procedure does not apply to...

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

Brian Lenihan Jnr: I move amendment No. 64: In page 81, line 21, after "request" to insert "from a designated state".

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

Brian Lenihan Jnr: I move amendment No. 65: In page 83, between lines 19 and 20, to insert the following: "(5) A person who does not comply with an order under this section is guilty of an offence and liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 6 months or both.".

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

Brian Lenihan Jnr: I move amendment No. 66: In page 83, line 36, after "Síochána" to insert the following: "or a member of the Garda Síochána authorised by him or her for the time being to exercise his or her functions under this Chapter".

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

Brian Lenihan Jnr: I move amendment No. 67: In page 85, to delete lines 23 to 48 and in page 86, to delete lines 1 to 7 and substitute the following: 90.—Section 51 (international service) of the Garda Síochána Act 2005 is amended-— (a) in subsection (2)(a), by the deletion of "State, or" and the substitution of "State,", and (b) by the substitution of the following subsections for subsections (b) and...

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

Brian Lenihan Jnr: I move amendment No. 68: In page 87, line 41, to delete "the" and substitute "any".

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

Brian Lenihan Jnr: I move amendment No. 69: In page 88, line 30, before "have" to insert "shall".

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

Brian Lenihan Jnr: I move amendment No. 70: In page 90, line 4, to delete "A document" and substitute "In any proceedings a document".

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

Brian Lenihan Jnr: I move amendment No. 71: In page 90, line 10, after "warrant," to insert "or".

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

Brian Lenihan Jnr: I move amendment No. 72: In page 90, lines 12 to 15, to delete all words from and including "or" in line 12 down to and including "evidence," in line 15.

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

Brian Lenihan Jnr: I move amendment No. 73: In page 90, line 22, to delete "A document" and substitute "In any proceedings a document".