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Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Martin Kenny: I move amendment No. 47: In page 11, between lines 26 and 27, to insert the following: "11.For the purposes of this Part, any material or behaviour is not taken to incite violence or hatred against a person or group of persons on account of their membership or presumed membership of a group defined by reference to protected characteristics solely on the basis that that material or...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Martin Kenny: I will withdraw amendment No. 47 on the understanding that the Minister will examine the issue in further depth. We may come back to it on Report Stage.

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Martin Kenny: I move amendment No. 80: In page 22, to delete lines 32 to 38 and substitute the following: “20. (1) Without prejudice to any other enactment or rule of law and subject to subsections (2) and (3)a court shall, where it is established beyond a reasonable doubt that— (a) the offence was motivated (wholly or partly) by hate on account of the victim’s membership or...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Martin Kenny: I move amendment No. 85: In page 23, to delete lines 5 to 9 and substitute the following: “(4) Where an aggravated sentence is imposed by a court pursuant to this section, the court shall state and record in the proceedings— (a) the fact that the aggravated sentence is imposed pursuant to this section, and (b) the protected characteristic or characteristics of the person...

Select Committee on Justice and Equality: Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022: Committee Stage (21 Feb 2023)

Martin Kenny: I move amendment No. 95: In page 30, after line 4, to insert the following: “Review of operation of this Act 37.The Minister shall— (a) not later than 5 years after this Act comes into operation, commence a review of the operation of this Act, and (b) not later than 12 months after the commencement of the review, make a report to each House of the Oireachtas of the...

Co-ordination of International Protection Services: Statements (16 Feb 2023)

Martin Kenny: In the past year, since the illegal and brutal invasion of Ukraine by Russia, we have seen large numbers of people from Ukraine come to Ireland. They come here legally under the EU's temporary protection directive and under international law we are, of course, obliged to accommodate and facilitate these people who are fleeing war. We have also seen large numbers of people come to Ireland...

Ceisteanna Eile - Other Questions: Public Inquiries (16 Feb 2023)

Martin Kenny: I listened to the Minister's reply. It truly goes to the heart of this matter. Most of us will probably have met Lucia O'Farrell at some point over the last number of years. She has been a dedicated warrior to get justice for her son. The problem we have in this State is that, when a mistake is made, the initial reaction of many State agencies is to cover it up and then to cover up the...

Ceisteanna Eile - Other Questions: Prison Service (16 Feb 2023)

Martin Kenny: We are all on the same page in respect of that. The issue raised with me is that the Prison Service is finding it very difficult to recruit and retain specialist psychiatric nurses, psychologists and other mental health professionals. The pension entitlements for everyone working in the Prison Service used to be calculated on a 30-year basis. Staff were entitled to their pension after 30...

Ceisteanna Eile - Other Questions: Prison Service (16 Feb 2023)

Martin Kenny: 9. To ask the Tánaiste and Minister for Justice and Equality the steps he is taking to action the recommendations arising from the Irish Prison Service attendance management review published in April 2022; the actions that have been completed; and if he will make a statement on the matter. [7532/23]

Ceisteanna Eile - Other Questions: Prison Service (16 Feb 2023)

Martin Kenny: I will ask the Minister about the actions of the attendance management review published in April 2022. The issue we keep hearing about is the challenges around staffing levels in the Prison Service and the impact it is having on the service's ability to deliver the core rehabilitative services, such as education and training, etc. We need to see efforts made here. I know there has been...

Ceisteanna Eile - Other Questions: Prison Service (16 Feb 2023)

Martin Kenny: I appreciate that and I understand it is an internal report. We know a number of recommendations were made and it is key that we know how much progress has been made in implementing them. Some of them relate to management within the prisons, how things work and certain issues that were raised in the past by whistleblowers, for want of a better word, within the system. They had issues with...

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Courts Service (16 Feb 2023)

Martin Kenny: 5. To ask the Tánaiste and Minister for Justice and Equality if he can provide an update on the courts modernisation programme. [8001/23]

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Courts Service (16 Feb 2023)

Martin Kenny: Could the Minister provide an update on the courts modernisation programme and what work is being done in that respect? Many court buildings around the country are not up to a sufficient standard. Some of them are, as excellent work has been done in some places. Technology is something on which we can make vast improvements, which would assist a great deal in being able to have a more...

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Courts Service (16 Feb 2023)

Martin Kenny: I am aware that much work has been done in many areas around the country to modernise the Courts Service and to bring courtrooms up to the required standard. We understand that it is a ten-year plan. However, some work could be done much faster than that to improve the situation in regard to many court buildings that do not have adequate meeting rooms, space, or facilities for barristers...

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Courts Service (16 Feb 2023)

Martin Kenny: The digitisation of courtrooms is also important to facilitate witnesses or expert witnesses who may be in another part of the country or even abroad to be brought into the courtroom using such technology. It happens in some cases but there is not enough of it. A mechanism must be put in place to ensure that can happen. It would speed up the process. Sometimes court cases are delayed or...

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: An Garda Síochána (16 Feb 2023)

Martin Kenny: We are all conscious of that and we all want to pay tribute to the work members of An Garda Síochána do on a daily basis. A lot of this is down to that stress. I spoke to members of the service who told me that sometimes a call comes when there is an incident somewhere and they know there is going to be if not danger then certainly stress involved in that incident. They know they...

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: An Garda Síochána (16 Feb 2023)

Martin Kenny: I appreciate that. I understand that many gardaí get great job satisfaction from what they do and work very hard in respect of that. I always wonder about having more civilian staff that are going to free up gardaí for front-line duties. The experience in communities does not show that. That is the problem here. There was a similar story when Garda stations were closed. Many...

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: An Garda Síochána (16 Feb 2023)

Martin Kenny: Will the Minister consider looking at the training allowance?

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: An Garda Síochána (16 Feb 2023)

Martin Kenny: 3. To ask the Tánaiste and Minister for Justice and Equality the steps his Department is taking in relation to the current Garda retention crisis; and if he will make a statement on the matter. [7530/23]

Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: An Garda Síochána (16 Feb 2023)

Martin Kenny: Before I go to the question, I welcome Ellie Fay from Finglas, who is a student, to the Public Gallery. Many of our Oireachtas members bring students in here from time to time and it is always a very worthy and worthwhile thing to do. The future is bright when we have bright, dedicated and focused young people in our community. Back to business. What steps does the Minister intend to...

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