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Independent Reporting Commission Bill 2017: Order for Second Stage (6 Jul 2017)

Charles Flanagan: I move: "That Second Stage be taken now."

Independent Reporting Commission Bill 2017: Second Stage (6 Jul 2017)

Charles Flanagan: I move: "That the Bill be now read a Second Time." I am very pleased to present the Bill to the House. It has been brought forward to give effect to one of a number of commitments arising under the Stormont House Agreement implementation plan, known as the Fresh Start agreement. Deputies will recall that in September 2015 the Irish and British Governments convened a talks process in...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I wanted to thank Deputy Daly.

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I acknowledge the importance of this legislation. It was a key commitment in the programme for partnership Government. I am pleased that, with cross-party support, it has reached the stage that we have now completed our deliberation in Dáil Éireann. I look forward to further engaging with members of the Upper House in due course. I thank the Deputies opposite not only for...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I thank the Deputy. I have taken careful note of what he said.

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 18:In page 16, between lines 19 and 20, to insert the following:"(3) Where a member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, decides to exclude a person from accompanying a victim pursuant to subsection (2), the member or officer, as the case may be, shall inform the victim that subsection (1)continues to apply and he...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 19:In page 17, between lines 29 and 30, to insert the following:"(4) Where a member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, decides to exclude a person from accompanying a victim pursuant to subsection (3), the member or officer, as the case may be, shall inform the victim that subsection (2)continues to apply and he...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 20:In page 19, line 22, to delete "member" where it secondly occurs and substitute "officer". These are technical amendments. Amendment No. 20 to section 14 corrects a mistake that refers to the "member" of the Ombudsman Commission instead of the correct reference to the "officer" of the Ombudsman Commission. The amendment does not make any change to the substance of...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 21:In page 23, line 23, to delete "members" and substitute "representatives".

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 22:In page 23, between lines 26 and 27, to insert the following:"(ii) a support worker of the victim's choice,".

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 23:In page 23, between lines 32 and 33, to insert the following:"(3) In this section, "support worker" means a volunteer of, or an individual employed under a contract of service or under a contract for services by, an organisation which provides support to victims of crime.".

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 26:In page 26, between lines 25 and 26, to insert the following:"Amendment of section 20 of Criminal Justice Act 1951 25.Section 20 of the Criminal Justice Act 1951 is amended—(a) in subsection (4), by the substitution of "of that person or a support worker chosen by a person referred to in paragraph (b)" for "of that person", and (b) by the insertion of the...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 29:In page 26, to delete lines 26 to 30 and substitute the following:"Amendment of section 4I of Criminal Procedure Act 1967 25.Section 4I of the Criminal Procedure Act 1967 is amended—(a) by the substitution of the following subsection for subsection (3):"(3) Subsection (2) is without prejudice to the right of—(a) a parent, relative or friend of the...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 33:In page 26, between lines 30 and 31, to insert the following:"Amendment of section 6 of Criminal Law (Rape) Act 1981 26.Section 6 of the Criminal Law (Rape) Act 1981 is amended— (a) by the substitution of the following subsection for subsection (3):"(3) Subsections (1) and (2) are without prejudice to the right of—(a) a parent, relative or friend of the...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 35:In page 32, after line 36, to insert the following:"Amendment of Act of 2001 29.(1) The Act of 2001 is amended— (a) in section 3(1), by the insertion of the following definition:" 'secondary victimisation' has the same meaning as it has in the Criminal Justice (Victims of Crime) Act 2017;",(b) in section 26—(i) by the insertion of the following...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I move amendment No. 36:In page 32, after line 36, to insert the following:"Amendment of section 8 of Criminal Justice (Female Genital Mutilation) Act 2012 30.Section 8 of the Criminal Justice (Female Genital Mutilation) Act 2012 is amended—(a) by the substitution of the following subsection for subsection (2):"(2) Subsection (1) is without prejudice to the right of—(a) a...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: "All relevant information" raises the question of to what it is relevant. Is it relevant to the decision or the victim? I do not disagree with what Deputy Clare Daly has said about the provision of important information. Of course, it should be provided for the victims and that should be required under the Bill, but many of these points are already provided for within the legislation in...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I acknowledge what Deputy O'Callaghan said.

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I acknowledge the points raised by Deputy Wallace in the context of this series of amendments dealing with the provision of information and do not doubt the sincerity of the points raised by him. A number of different issues are raised in these amendments and I will address them in turn. I see a difficulty with the insertion of the words "all relevant" in section 6, which is proposed in...

Criminal Justice (Victims of Crime) Bill 2016: Report and Final Stages (6 Jul 2017)

Charles Flanagan: I return to the point I made earlier. I am concerned that it would have an impractical consequence on the legislation. We gave very careful consideration to the point Deputy Daly raised. However, I believe amendment No. 7 deals with the issues raised on Committee Stage. I would be concerned that going beyond that with an undue obligation or an obligation that, in the circumstances, might...

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