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Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: That is what the Tánaiste's amendment proposes.

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: Why is the Minister adding in a provision at this late stage in the Bill to allow for prisoners to gain remission of sentence in the following manner: "...the remission which he or she may earn from that sentence under the rules of practice whereby prisoners generally may earn remission of sentence by industry and good conduct."? Why is he including a provision to provide for exactly what...

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: Why is this provision being introduced at this late stage?

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: Does one have to earn it?

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: I am not getting up on a soapbox.

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: The Tánaiste is providing——

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: I am pleased to accept this amendment in that it is providing for exactly what we have been seeking——

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: ——even though the Tánaiste is trying to resile from his own amendment.

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: I move amendment No. 52: In page 20, between lines 20 and 21, to insert the following: "24.—In this Part— "Freedom of Information Acts" means the Freedom of Information Acts 1997 to 2003; "law terms" refers to the four periods (to wit Michaelmas, Hilary, Easter and Trinity) of prescribed sittings for the Superior Courts, as defined in Order 118, rule 1 of the Rules of the Superior...

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: We are considering a totally new approach five minutes before the conclusion of our consideration of this Bill. From the way the Minister has outlined it, I am attracted by it but it is no way to make law. The Minister has partly resiled from the original crime prevention order approach in the new section 25 and is now advocating an approach that involves two different strata, involving...

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: What evidence would be given? Would it be by a garda, probation officer or victim?

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: I move amendment No. 37: In page 12, line 11, after "bail" to insert "and shall otherwise be of good behaviour". This amendment deals with the recognisance that must be entered into by somebody released on bail. The section states: "(a) the recognisance shall, in addition to the condition requiring his or her appearance before the court at the end of the period of remand of the accused...

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: If that is the legal advice available to the Minister I am certainly listening to it. Other people advising me raised the question as to why section 9 proposes to remove the requirement to be of good behaviour. I will have to take the Minister on trust on this issue and I will not press the amendment.

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: I will not delay on this point. It has traditionally been a requirement to be on good behaviour——

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: It was also traditionally the case for somebody released on bail. Why reduce and minimise the conduct expected from somebody who is released on bail?

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: The statute has been there for generations and I question why it should be removed.

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: I refer also to that grey area of anti-social behaviour. Such behaviour may not lead to someone committing a criminal offence — there is a requirement of proof that the person did commit such an offence — and there would be a difference between them and a person involved in unacceptable behaviour. However, if the advice from the Attorney General is that it would be unwise to include it...

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: With regard to bail, I take the view it is better to release people and electronically tag them than to keep them in custody. It is better for the accused person, the State and the taxpayer who will not need to pay for the expense of keeping them in custody. My problem with electronic tagging generally is that steps have not been taken to implement it. I have no difficulty with the...

Criminal Justice Bill 2007: Report Stage (Resumed) and Final Stage (24 Apr 2007)

Jim O'Keeffe: Of course, but one must put it in place to establish the scale. We must have a first person to be tagged. It works and the suggestion that it is like the Star of David in Denmark during the Second World War is wrong. A tag is like a watch worn on the ankle or wrist. It is generally placed around the ankle where it is covered by a tracksuit or a pair of jeans. In a recent case in the UK a...

Criminal Justice Bill 2007: Report Stage (Resumed) (24 Apr 2007)

Jim O'Keeffe: It is not solely or mainly sufficient.

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