Results 1,481-1,500 of 20,459 for speaker:Frances Fitzgerald

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: I am merely pointing out that this is the reason the amendment was ruled out of order.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: The EU directive states that we "shall" facilitate and we are very clear that the Bill does this and is in line with the directive. I appreciate that members have discussed the matter and some broader issues arise.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: I move amendment No. 33:In page 11, to delete lines 30 and 31 and substitute the following:"(a) information relating to any significant developments in the investigation of the alleged offence, including—(i) the arrest of a person, (ii) the charging of a person, (iii) the release on bail of a person and, where a person has entered into a recognisance admitting him or her to bail, any...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: I thank the members. The effect of amendments Nos. 34, 35 and 38 would be to require the Garda or Garda Síochána Ombudsman Commission to provide to a victim all relevant information relating to any significant development in investigation, regarding a decision to end an investigation and regarding a decision not to prosecute a person. The concern in this regard is that this...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: Amendment No. 37 is Deputy O'Callaghan's amendment. I see what he is getting at. It is very subjective and would require the Garda, the Garda Síochána Ombudsman Commission, GSOC, or the Director of Public Prosecutions, DPP, to know what information would, in any particular case, be sufficient for that particular victim to make a decision whether to request a review of the decision...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: Is the Deputy happy for me to come back on Report Stage and address it?

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: What Deputy Daly wants is all relevant information on the decision not to prosecute. This has been subject to huge debate. Obviously, I agree with the principle of giving reasons and giving victims as much information as possible as to why a decision would be made not to prosecute. The concern we have and that I have been advised is at issue here relates to the particular points made....

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: I can consider it on Report Stage because while it is subjective, at the same time it is empowering for the victim, obviously, and it is the right thing to do to get the relevant information. I do not have a huge difficulty with this. We will certainly come back to it on Report Stage.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: I move amendment No. 39:In page 11, lines 38 and 39, to delete "institute criminal proceedings in respect of the alleged offence" and substitute "prosecute a person for the alleged offence". The aim of these three amendments is to correct and clarify the provisions relating to a victim’s right to information on, and a review of, a decision not to prosecute a person. The existing text...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: I move amendment No. 40:In page 12, between lines 2 and 3, to insert the following:"(e) information regarding a decision to discontinue the prosecution of a person for the alleged offence and a summary of the reasons for the decision;".

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: I move amendment No. 41:In page 12, to delete lines 17 to 19 and substitute the following:"(i) information regarding a final judgment in any trial of a person in respect of the alleged offence (and, as the case may be, any further judgment on appeal), including— (i) where such trial is not a trial by jury, a summary of the reasons given for the judgment, (ii) where the person is...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: Apparently the amendment was not discussed.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: We did not discuss it.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: No. We are not agreeing. It is already provided for in an earlier amendment, No. 33. Is that right?

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: No. I am just making a point.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: I move amendment No. 43:In page 13, to delete lines 16 to 21.

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: I move amendment No. 54:In page 15, lines 2 to 4, to delete all words from and including “Where,” in line 2 down to and including “offence” in line 4 and substitute the following:“Where, pursuant to section 7(2)(d), a victim of an alleged offence receives information from the Garda Síochána or the Director of Public Prosecutions, as the case may...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: Section 12 requires the Garda Síochána to forward a complaint received about an offence that has occurred in another member state to that member state as soon as is practicable. There is an exception in circumstances where the Garda has the power to prosecute the offence in the State and intends to institute proceedings. Amendment No. 71 is a technical amendment to change the words...

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: I move amendment No. 71:In page 17, line 15, to delete "proposes to institute proceedings" and substitute "proposes to exercise that jurisdiction".

Select Committee on Justice and Equality: Criminal Justice (Victims of Crime) Bill 2016: Committee Stage (17 May 2017)

Frances Fitzgerald: Amendments Nos. 79, 109 and 115 provide that a copy of every victim assessment report must be given to the judge in the proceedings. While I have sympathy with what Deputy Daly says about the needs of the victim and how important it is that everyone is aware of them, I want to point out some of the consequences of this amendment. The concerns about it are fairly fundamental. If the...