Results 16,101-16,120 of 16,537 for speaker:Brian Lenihan Jnr

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: Implementing legislation may be required for other aspects of the Schengen Convention to which Ireland has signed up. That is another reason it would be inappropriate to schedule the entire convention to this Bill, which only deals with a small part of the Schengen Convention. The immigration control provisions of Schengen are under consideration in the Department with a view to legislation.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: Senator Terry is essentially seeking to insert the definition in the interpretations section but the definition is already contained in the wording of section 5(1) and the existing wording of that section is perfectly clear. The amendment simply repeats that wording.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: I can give an undertaking to have this matter examined by the Parliamentary Counsel.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: I regret that I am not Santa Claus today. Senator Terry referred to the presumption on extra-territorial effect. It is a presumption of statutory construction but one which does not have very cogent force in the context of legislation such as this, where the Long Title makes quite clear the Bill is implementing an international arrangement by way of mutual assistance. This amendment would...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: Am I correct in saying there appears to be two separate issues within this grouping?

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: The core important issue is the whole function of the High Court in respect of the legislation. In the proposed amendment to section 2, after the reference to sentences whether imposed before or after its passing, the Senator wishes to insert the proviso "unless the High Court on the application of the sentenced person concerned determines that it would be unjust for this Act to apply to that...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: In respect of the amendment to section 2, the Senator's position is that it is necessary because of the retrospective character of the legislation.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: Whether it is retrospective or prospective after the enactment of the Bill, the High Court has an inherent power in the exercise of its functions to determine the substantial justice or injustice of any application before it. The Senator has raised an interesting point and I am prepared to have the issue examined. I am not prepared to accept it at this stage but I shall bring to the...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: The Senator is seeking in section 5(2)(a) after the words "deemed to be" to insert "or is entitled to be". As in legislation that implements international arrangements, what we are doing here is following the language of the international instrument which we are implementing. For that reason, we have followed that particular expression because this legislation has to apply to the nationals of...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: We are constrained by the convention in this matter. Senator Terry has raised a very interesting issue. In the international agreement we are dealing with, the six month threshold as set out in Article 3.1.d of the Convention on the Transfer of Sentenced Persons 1983, which is the parent convention, and the additional protocol in the Schengen provisions must be read in conjunction with that...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: The amendment seeks to provide that before the Minister can consent to a request from a sentencing state for the enforcement of a sentence against an Irish national, the Minister must be satisfied that the person has not only fled from the sentencing state to this State but that he or she is in this State. I believe the amendment is unnecessary. The Bill already refers to a person who has...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: I do not propose to accept this amendment. The Minister must be able to apply to the High Court at any time even after the warrant is issued or executed, if he becomes aware of information that would justify him going back to the court to seek a variation to the warrant. This amendment would limit the Minister's discretion in that regard. I do not propose to hold Senator Terry personally...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: This amendment relates to the circumstances arising when a person has been provisionally arrested pending receipt of the formal request from the sentencing state. The existing proposal is that the court should remand the person in question. The amendment proposes to delete the requirement that the remand should be "in custody" and proposes instead that the person should be remanded. Remand in...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: In general, bail can be invoked by a person who has not yet been convicted. That is the crucial distinction between bail and this legislation. The inherent powers of the court to grant bail apply to persons whose guilt has not been established and are innocent in the eyes of the law. It is true that in exceptional circumstances bail is given pending an appeal, but after the final appeal the...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: An execution warrant will have been made and an attempt could be made to judicially review it or if there was a fundamental defect in procedure, the jurisdiction of the High Court to order an inquiry under Article 40 could be invoked. If there was a fundamental want of process or procedure in the matter, the fundamental constitutional remedy to establish one's liberty is available to the...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: I thought I had responded to the amendment but will return to it out of courtesy to the Senator as it is important to try to clarify matters. However, the House must first agree to discuss it.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: I understand the Senator then withdrew amendment No. 6 in the belief that she could discuss amendment No. 22 later.

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: Senator Tuffy's concern regarding this section appears to be to ensure that the High Court is satisfied, having regard to all the circumstances, that it would be appropriate for it to make an order under section 9(1). In other words, she is concerned about the provision in subsection (2) that the High Court shall not make an order under subsection (1) unless a number of conditions, including...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: Senator Tuffy has raised an interesting question regarding the powers of the High Court. Section 9 deals with the powers of the High Court to make orders for the enforcement of foreign sentences in this jurisdiction. The general rule is that the duration of the foreign sentence should not be altered, even where it exceeds the maximum duration for the same offence under Irish law. In line with...

Seanad: Transfer of Execution of Sentences Bill 2003: Committee Stage. (29 Apr 2004)

Brian Lenihan Jnr: The reference to regimes disturbs me. We are dealing with states in the Council of Europe where there has to be a basic guarantee of fundamental rights and freedoms. We do not propose to accept a transfer of responsibility for sentences imposed in other states which we will not mention here. We will only deal with reputable states and any international arrangement is part of what is loosely...