Results 13,861-13,880 of 17,543 for speaker:Helen McEntee

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: There is a test referenced earlier in the legislation on what is deemed "recklessness" or something that "seriously interferes". We are trying to highlight that this is a serious issue, which is why we are making it a criminal offence. My understanding is there are tests that have to be adhered to in terms of interpreting the impact it has had, and taking into account the language being...

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: I do not think there is any objection to seeing whether we can remove it or deal with it at a later Stage. I do not think the intention is to try to create a barrier and make it more difficult for anybody. It is just language, as the Chairman has outlined, that is there and is used at present. If there is a sense it could cause a problem I am happy to look at whether we can remove it.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: The feeling on this is that if we place too much of a cumbersome onus on consent and having to define it, it will create more of a challenge and that it is easier without it. The definition as was included in the sexual offences legislation is quite specific in terms of people being asleep or where there clearly is not consent, which does not really apply in this instance. We would be...

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: This does not mention intent because it takes it out of the section itself, which means there is no need to indicate whether there was intent. This also covers upskirting and other elements that have been raised as issues and problems.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: I need to clarify this with regard to my comments earlier, to be 100% certain about how the holding of images is clearly defined in this. Perhaps I can come back to the Deputies. The fact there is an image on someone's phone, whether or not it is intentionally stored, means it is stored. I want to get absolute clarity for Deputies on this before we finish.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: It is not and the amendment does not create an offence by this provision and it does not appear elsewhere in the Bill. It is not something that could be dealt with based on this amendment. Separate to where somebody sends images and it turns into a form of harassment, which is covered under the harassment element of the legislation, somebody sending a picture is not covered in this, and,...

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: Again, this is language used in other legislation. It is from previous legislation. I know there are proposals in terms of different types of wording, but much consultation was done and there was engagement with stakeholders to look at this language and make sure it covers everything it needs to cover. We are informed that it does.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: I am not sure if that is something that can be included. Perhaps it would be taken as part of what is proposed in this section anyway, if it were to be interpreted in that way by a judge or somebody else based on what is currently in amendment No. 27.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: I can look at it further based on what the Deputy is proposing.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: It is just a one-off. I suppose that is why there is a concern. If somebody sends one message with no real intent to cause harm, but it obviously does cause harm, he or she could essentially be prosecuted for sending one message where there was no intent. It is not intended to cover the persistent sending of messages. It is just one.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: No. This is one that would cause many problems.

Select Committee on Justice and Equality: Harassment, Harmful Communications and Related Offences Bill 2017: Committee Stage (1 Dec 2020)

Helen McEntee: I move amendment No. 31: In page 6, between lines 10 and 11, to insert the following: "Anonymity of victim of offence under section 4* or 5** 6. (1) Where a person is charged with an offence under section 4* or 5**, any person who publishes or broadcasts— (a) any information, (b) a photograph of, or a photograph that includes a depiction of, the alleged victim of the...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: My understanding is that they come directly from that office to mine. I do not know whether the Attorney General sees them. These five expressions of interest dated from as far back as 2017 to as recently as June of this year, which, obviously, the former Attorney General would not have been privy to. I understand, again, they go directly from the Office of the Attorney General to mine....

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: The process is what it is. As I said, it has changed. The names go to the Office of the Attorney General. Regarding the legislation, the JAAB may recommend the Attorney General for appointment to judicial office. It is clearly stated that this is allowed. As I have said, we all believe that the current process and legislation should be updated, which I am working to achieve. The...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: If I may respond to the last comment-----

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: I hope I have clearly stated that a process is followed when appointing a judge to any court, not just the Supreme Court. As Minister for Justice, I have adhered to that process. I will outline it again for absolute clarity. I was appointed as Minister for Justice on 27 June. The following day I received briefings from my Department, one of which outlined that there was a vacancy on the...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: It is a legal requirement that in filling the position of a judge, that one does look at the JAAB list first. The opposite is the case when looking to fill the president of a court or the post of Chief Justice. One has a legal obligation to look at the sitting judge list or the expressions of interest list first. That is what is in the legislation and that is what I adhered to in this...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: On 16 June last year, a vacancy arose;on 4 February, the Chief Justice wrote to the Minister; on 17 February, there was a letter to the JAAB to try to fill that; on 18 February, the Minister responded to the Chief Justice's letter of 4 February indicating the issue to the JAAB to request a list; and on 25 February, the Chief Justice replied to the letter of 18 February indicating the JAAB...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: Again, I have outlined that a decision was taken by the interim Government not to appoint anybody except to the presidency of the High Court because of the obligations on the presidency and the requirement for that.. The decision was taken not to appoint anybody else. However, I was made aware on my first day that there was a vacancy, and that it was urgent. Even with that, I made sure...

Judicial Appointments Process: Statements (26 Nov 2020)

Helen McEntee: In terms of judicial conduct and that process, everything that has been done or needed to be done by myself, the Department and the Government has been done. The terms of reference are now being set out by the Judicial Council. It has a certain period to do that. I am assured it is working on that and will have that done as soon as possible. I assure the Deputy that everything that needed...