Results 16,341-16,360 of 16,537 for speaker:Brian Lenihan Jnr

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Committee Stage. (15 Oct 2003)

Brian Lenihan Jnr: The advice from the Parliamentary Counsel is that the reference to health and humanitarian grounds, which are referred to in the amended section, is sufficient to cover this issue. As was indicated on Committee Stage in the Dáil, the Office of the Parliamentary Counsel has advised that caution must be exercised on the grounds contained in section 2(3)(a). That subsection requires the...

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Committee Stage. (15 Oct 2003)

Brian Lenihan Jnr: I would be much more comfortable standing with what is already in the text of the Bill, where circumstances exist that in the opinion of the Minister justify a temporary release on grounds of health or other humanitarian grounds. Clearly age is comprehended in "other humanitarian grounds". I would be unhappy about further defining other humanitarian grounds to include age, because such a...

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Committee Stage. (15 Oct 2003)

Brian Lenihan Jnr: What is proposed by the Minister is already comprehended in section 2(1), which provides that the Minister may direct that "such person as is specified in the direction shall be released from prison for such a temporary period and subject to such conditions as may be specified in the direction". Inherent in the practice in this area has always been the attachment of conditions for the...

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Committee Stage. (15 Oct 2003)

Brian Lenihan Jnr: I am satisfied on that. In fact, without appearing to criticise the Senator in any way, I suggest that were we to accept this amendment which spells out particular types of condition which can be imposed by the Minister, we might trammel his power and ingenuity in imposing conditions in appropriate cases. It is, for example, the view of the Department of Justice, Equality and Law Reform that...

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Committee Stage. (15 Oct 2003)

Brian Lenihan Jnr: The Minister is not sympathetic to this amendment. While a person is remanded for detention pending trial, clearly that person has been charged with a serious offence and the court has not seen fit to release the person on bail. That is a remand prisoner. Temporary release for such a prisoner has to be a matter for the courts because it is the courts that decided to remand the prisoner for...

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Committee Stage. (15 Oct 2003)

Brian Lenihan Jnr: I am glad the Senator has acknowledged that the issues are complex. As they have been raised in the inspector's first annual report, the matter is under consideration and we are looking at possible options. It is too early yet to say what the likely outcome will be. Amendment, by leave, withdrawn.

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Committee Stage. (15 Oct 2003)

Brian Lenihan Jnr: I did not give a positive response on Second Stage to this amendment. The amendment proposes that a notice of a direction of a temporary release should always be given to the victim or the victim's next of kin. There are already a number of options in place for those who wish to receive such information. A victim of a serious sexual or violent offence may ask the Prison Service, through the...

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Committee Stage. (15 Oct 2003)

Brian Lenihan Jnr: I do not know which victims wish or do not wish to be contacted. I do know that some do not wish to be contacted. The effect of the Senator's amendment would be that I or the Minister would have to notify every victim thereby causing some victims unintentional hurt. This is not the place where this particular issue can be raised. I made clear that there is a practice in the Department that a...

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Committee Stage. (15 Oct 2003)

Brian Lenihan Jnr: Senator Tuffy wants to delete words which refer to classes of persons. I can reassure her that it is not the intention of this provision in the Bill to restore the old system of automatic or blanket refusal of particular categories of offender. The Senator expressed a concern that, due to prejudicial reporting of particular types of offence, the Minister might be so minded under these rules...

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Committee Stage. (15 Oct 2003)

Brian Lenihan Jnr: Rules of thumb can help the administration and they can reassure the public about the system of early release. For example, while we do not have a substantial problem with football hooligans compared to some other jurisdictions, we do have a problem and it is not unreasonable for the Minister to lay down as a general rule for that class of offender that they should be prohibited from...

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Committee Stage. (15 Oct 2003)

Brian Lenihan Jnr: I am in some difficulty here because I am not aware of the recommendation of the Law Reform Commission. The commencement section reads, as the Senator indicated, in the future tense that the Act "shall come into operation on such day as the Minister may by order appoint". Senator Terry's amendment would replace that with the present tense "The Act comes into operation on such day as the...

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Committee Stage. (15 Oct 2003)

Brian Lenihan Jnr: I will certainly look at the matter on Report Stage in that case. The Department of Justice, Equality and Law Reform is responsible for the great bulk of legislation. The issue raised by the Senator should be examined and I will do so before Report Stage. Amendment, by leave, withdrawn. Section 2 agreed to. Title agreed to. Bill reported without amendment.

Seanad: Commission to Inquire into Child Abuse: Statements (Resumed). (8 Oct 2003)

Brian Lenihan Jnr: I would be obliged if the Senator would furnish me with particulars and I will look into the matter.

Seanad: Commission to Inquire into Child Abuse: Statements (Resumed). (8 Oct 2003)

Brian Lenihan Jnr: These are serious matters and I will arrange for them to be investigated.

Seanad: Commission to Inquire into Child Abuse: Statements (Resumed). (8 Oct 2003)

Brian Lenihan Jnr: It is hard to deal with an anecdote, but if the Senator has particulars I will deal with them.

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Second Stage. (8 Oct 2003)

Brian Lenihan Jnr: I am pleased to present to the House today the Criminal Justice (Temporary Release of Prisoners) Bill 2001. The purpose of the Bill is to provide a clearer legislative basis for the power of the Minister for Justice, Equality and Law Reform to grant temporary release to a prisoner by amending the Criminal Justice Act 1960 and setting out the purposes for which temporary release may be...

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Second Stage. (8 Oct 2003)

Brian Lenihan Jnr: I thank the Senators who contributed to this informative and constructive debate. Before I deal with the specific points raised by speakers, I should reiterate that the main purpose of the Bill is to provide a clear legislative basis for the granting of temporary releases. The legislative device in question, therefore, is the amendment of section 2 of the Criminal Justice Act 1960. This Bill...

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Second Stage. (8 Oct 2003)

Brian Lenihan Jnr: Deputy McDowell is the Minister, but the Bill was piloted through the other House by the Minister of State, Deputy O'Dea, and me and it seems fated to be piloted through this House by me. There was a suggestion by Senator Terry that a grave abuse of ministerial power had been uncovered by the courts. However, in the Corish judgment – the decision of Mr. Justice O'Neill, to which Senator...

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Second Stage. (8 Oct 2003)

Brian Lenihan Jnr: Does Senator Terry's query relate to the Corish case?

Seanad: Criminal Justice (Temporary Release of Prisoners) Bill 2001: Second Stage. (8 Oct 2003)

Brian Lenihan Jnr: I wanted to deal with that question and I am glad the Senator reminded me of it. It is my understanding that the State has never been exposed in damages from a person who objected to the temporary release of an individual. There has been no liability there and no clause in this Bill seeks to exonerate the State from any such liability. In any event, the State would not accept liability in...