Results 14,921-14,940 of 16,537 for speaker:Brian Lenihan Jnr

Courts (Register of Sentences) Bill 2006: Second Stage. (30 May 2006)

Brian Lenihan Jnr: It could pose constitutional problems.

Courts (Register of Sentences) Bill 2006: Second Stage. (30 May 2006)

Brian Lenihan Jnr: I have secured the agreement of the Department of Education and Science in excluding all those categories of persons from that area.

Written Answers — Child Support: Child Support (30 May 2006)

Brian Lenihan Jnr: As the Deputy will be aware, there has been great interest from the public regarding the Early Childcare Supplement, and a number of Questions have been asked in this House about the arrangements for this payment. The payment has also been the subject of a large number of telephone queries, both to my Office, and to the Department of Social & Family Affairs which will be administering it on...

Written Answers — Adoption Services: Adoption Services (30 May 2006)

Brian Lenihan Jnr: The Deputy has raised a number of matters which relate to legislation currently being drafted to update the arrangements for adoption in Ireland in line with best practice, current administrative arrangements and Ireland's commitment to the ratification of the Hague Convention on the Protection of Children and Co-operation on Intercountry Adoption. I will first outline the current...

Written Answers — Child Care Services: Child Care Services (30 May 2006)

Brian Lenihan Jnr: As the Deputy's Question no 72 dated 27th April 2006 related to the delivery of health and personal social services my Department, as indicated in my reply, asked the Parliamentary Affairs Division of the Health Service Executive (HSE) to reply directly to the Deputy. My Department has been informed by the Parliamentary Affairs Division of the HSE that a direct reply was furnished to the...

Courts (Register of Sentences) Bill 2006: Second Stage. (30 May 2006)

Brian Lenihan Jnr: I welcome the initiation of this Bill as it affords the House an opportunity to debate the subject of sentencing, which is one well worthy of discussion here. I welcome the civilised tone with which the principal Opposition party has introduced the measure. While I would not describe it as a pleasure, I had the experience of listening to the Leader of the Opposition addressing his party's...

Courts (Register of Sentences) Bill 2006: Second Stage. (30 May 2006)

Brian Lenihan Jnr: Before I examine the Bill and explain the position of the Government on it, I would like to deal with some issues that have been raised in the course of this debate. Deputy English suggested that recent developments in the Supreme Court had eroded the faith of the public in the courts system. Deputy Naughten referred to a loophole which we must reassemble later this week to address.

Courts (Register of Sentences) Bill 2006: Second Stage. (30 May 2006)

Brian Lenihan Jnr: I would like to deal with that point because it is important that the public are not misled by the Deputy on this issue. The position is that the decision that was arrived at today is subject to appeal. Were that decision to stand, however, it would stand only by virtue of the fact that it is an essential and necessary consequence of the Supreme Court decision. It has nothing to do with the...

Courts (Register of Sentences) Bill 2006: Second Stage. (30 May 2006)

Brian Lenihan Jnr: Deputy Naughten took the latitude of commenting on that issue. It is a serious one because if it is the view that these persons have to be set at liberty, it is because the Supreme Court has decided that the section of this Act became spent in 1937. It did not become spent at a Government meeting last week or in a statement made on the Order of Business by the Taoiseach this afternoon.

Courts (Register of Sentences) Bill 2006: Second Stage. (30 May 2006)

Brian Lenihan Jnr: The Supreme Court made a decision last week and we have to address its consequences. Under our Constitution, we cannot retroactively declare conduct to be offences which were not offences at the time of their commission.

Courts (Register of Sentences) Bill 2006: Second Stage. (30 May 2006)

Brian Lenihan Jnr: All that remains for us to do is to provide a sound legislative framework in this area for the future. I have no doubt that the Government and the House will express their views on that in due course.

Courts (Register of Sentences) Bill 2006: Second Stage. (30 May 2006)

Brian Lenihan Jnr: As regards the cases that are already in the courts system——

Courts (Register of Sentences) Bill 2006: Second Stage. (30 May 2006)

Brian Lenihan Jnr: Deputies are well aware of the fact that the trial, conviction and punishment of criminal matters are exclusively reserved for the courts. They are not matters in which we can interfere.

Courts (Register of Sentences) Bill 2006: Second Stage. (30 May 2006)

Brian Lenihan Jnr: So there is no point in demanding emergency sessions to plug loopholes that we do not have power to plug.

Courts (Register of Sentences) Bill 2006: Second Stage. (30 May 2006)

Brian Lenihan Jnr: There are important issues we can address, however, and the Taoiseach has made it quite clear that he is prepared to recall the House to address them. I want to refer to the question of registers of offenders, which Deputy Naughten understandably and rightly raised. In truth, there is no register of offenders as such in this State. There are two distinct and very different processes. One...

Courts (Register of Sentences) Bill 2006: Second Stage. (30 May 2006)

Brian Lenihan Jnr: ——pending the outcome of work which has been undertaken by a working group established by the board of the Courts Service on sentencing.

Courts (Register of Sentences) Bill 2006: Second Stage. (30 May 2006)

Brian Lenihan Jnr: The Bill has two functions, first, to create a comprehensive register of sentences; and, second, to introduce greater transparency to the sentencing process within the criminal justice system. I certainly agree that these are worthy objectives. The Bill details the information that would be required in the register, which would be subject to the Freedom of Information Acts. It also provides...

Courts (Register of Sentences) Bill 2006: Second Stage. (30 May 2006)

Brian Lenihan Jnr: Looking at the bigger picture, we all agree that few aspects of our criminal justice system generate as much controversy as the sentences handed down by our courts. From time to time there are cases which attract particular public attention which result in sentences which may be generally regarded as too harsh or too lenient or as inconsistent with sentences given in what are regarded as...

Courts (Register of Sentences) Bill 2006: Second Stage. (30 May 2006)

Brian Lenihan Jnr: Sentencing is a complex matter and, as the Deputy is aware, there are many variable factors to be taken into account in each case. To address this issue, the board of the Courts Service established a steering committee in October 2004 to plan for and provide a system of information on sentencing. The initiative of the board is designed to provide some systemic form of information as a...

Written Answers — Education Welfare Service: Education Welfare Service (25 May 2006)

Brian Lenihan Jnr: The Education (Welfare) Act 2000 established the National Educational Welfare Board. Under Section 23 of the Act schools are required to have in place a code of behaviour. The Act requires that each Board of Management formulates a code of behaviour in accordance with guidelines from the NEWB. The Board, which ensures that children attend school regularly or receive an adequate education,...