Results 1,501-1,520 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 move amendment No. 82:In page 18, lines 37 and 38, to delete “the personal characteristics of the victim referred to in paragraph (d)” and substitute the following:“the personal characteristics of the victim, including such characteristics as are referred to in paragraph (d)”. Section 14(2) requires a member of the Garda or an officer of the Ombudsman...

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

Frances Fitzgerald: I move amendment No. 85:In page 19, lines 2 and 3, to delete “sexual violence, exploitation or hate crimes” and substitute sexual violence or exploitation”.

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

Frances Fitzgerald: I move amendment No. 101:In page 21, line 10, to delete “investigation,” and substitute “investigation of, or any criminal proceedings relating to, the alleged offence, or”. Amendments Nos. 101 and 102 amend the wording in section 15 that relates to the revised amendment to make it clear that a revised amendment can identify protection needs, which may benefit the...

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

Frances Fitzgerald: I move amendment No. 102:In page 21, to delete lines 11 to 17 and substitute the following:“(b) where specific protection needs were previously identified in respect of the victim during the course of an assessment—(i) whether any protection measure or special measure identified during the course of the assessment is no longer required, and (ii) whether the needs of the victim...

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

Frances Fitzgerald: Amendment No. 103 would require the special measures, set out in section 16, to be implemented in every case for every victim. A tailored victim-centred approach is a central plank in the victims' directive and in this Bill. The approach requires an individual assessment of each victim to establish what, if any, special measures might be needed to mitigate the impact of the investigation...

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

Frances Fitzgerald: I move amendment No. 107:In page 23, to delete lines 1 to 4 and substitute the following:“(2) A member of the Garda Síochána or an officer of the Ombudsman Commission, as the case may be, shall, in determining who is to be the appropriate person to accompany a child to an interview or court proceedings pursuant to subsection (1), have regard to any views expressed by the...

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

Frances Fitzgerald: Section 21(1) states that persons who are involved "shall, when dealing with a victim ensure that any oral or written communications with the victim are in simple and accessible language and take into account the personal characteristics of the victim including any disability, which may affect the ability of the victim to understand or be understood". The issue is dealt with there in the...

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

Frances Fitzgerald: I move amendment No. 112:In page 23, lines 9 to 12, to delete all words from and including “when” in line 9 down to and including “concerned” in line 12 and substitute the following:“in determining whether to make an application to the court for a special measure specified in subsection (2)during the course of any criminal proceedings related to the alleged...

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

Frances Fitzgerald: I move amendment No. 113:In page 23, between lines 12 and 13, to insert the following:“(2) The special measures referred to in subsection (1)are:(a) the exclusion of the public, any portion of the public or any particular person or persons from the court during such criminal proceedings pursuant to section 19; (b) directions under section 20regarding the questioning of the victim in...

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

Frances Fitzgerald: I move amendment No. 118:In page 23, to delete lines 25 to 27 and substitute the following:“(a) the right of—(i) a parent, relative or friend of the victim, (ii) where the accused person is under the age of 18 years, a parent, relative or friend of the accused person, or (iii) an appropriate person under section 17, to remain in court, and”. This technical amendment...

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

Frances Fitzgerald: The rules of court currently make provision for the recording of court proceedings. Order 67A, rule 3, of the Circuit Court rules and Order 12B, rule 3, of the District Court rules provide that the record of any criminal proceedings shall be made or cause to be made by a person appointed by the Courts Service. The rules separately provide that unless otherwise authorised by the rules or by...

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

Frances Fitzgerald: That is correct.

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

Frances Fitzgerald: I will revert to the Deputy on that question.

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

Frances Fitzgerald: That is correct.

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

Frances Fitzgerald: I will consider that option. I agree that it would be reassuring to victims if recording court proceedings without authorisation were a statutory offence.

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

Frances Fitzgerald: I move amendment No. 120:In page 24, line 2, after “victim” to insert “and is unrelated to the offence”. Section 20 provides the power for a court to make a direction restricting the evidence which may be adduced or questions which may be asked about a victim's private life. Amendment No. 120 clarifies that the restriction only applies to evidence adduced or...

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

Frances Fitzgerald: I move amendment No. 130:In page 25, to delete lines 27 to 31 and substitute the following:“(2) The period referred to in subsection (1) may be extended where the Garda Síochána, the Ombudsman Commission or the Director of Public Prosecutions, as the case may be, is satisfied that circumstances exist that warrant the extension.”. This is a minor amendment to section...

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

Frances Fitzgerald: I move amendment No. 137:In page 26, to delete lines 27 and 28 and substitute the following:“ “Interpretation and application - Part III 12.(1) In this Part—”.

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

Frances Fitzgerald: I move amendment No. 138:In page 27, to delete line 27 and substitute “person.”.

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

Frances Fitzgerald: I move amendment No. 139:In page 27, between lines 27 and 28, to insert the following:“(2) The application of this Part is not dependent on the commission of an offence having to be established (nor is it dependent on establishing whether the person concerned suffered any harm caused by an offence).”,”.