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Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Aengus Ó Snodaigh: We can recommit.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Aengus Ó Snodaigh: The Minister indicated at the start of the debate that he would listen to Deputies and in fairness to him he has done so. In re-examining the section I ask him to consider a number of cases other than the two I cited to highlight the issue of proportionality and demonstrate that penalties should not be arbitrary. Other circumstances must be taken into account to ensure we do not fill more...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Aengus Ó Snodaigh: I move amendmentNo. 84: In page 21, to delete lines 12 to 45, to delete page 22 and in page 23, to delete lines 1 to 39. Amendments Nos. 84 and 89 to 92, inclusive, are in my name and relate to crime prevention orders. At present, before a convicted person is released, it is often possible for the person to be granted temporary release. During that period, the person is usually subject to...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Aengus Ó Snodaigh: I have sympathy for the point raised by Deputy Jim O'Keeffe. Perhaps in this new modern era, a desk sergeant should be reported to by offenders who are released so that the notification would immediately be input into the system.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Aengus Ó Snodaigh: That would mean the information could be input into the system immediately and a garda tracking the individual could access the PULSE system. My amendments seek to ensure appeals are permitted within a short period. A breach of these conditions is criminal conduct and the individuals involved should be entitled to free legal aid because, in this instance, they have been recently released...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Aengus Ó Snodaigh: I move amendmentNo. 93: In page 24, line 12, to delete "25(10)" and substitute "25(11)". Amendments Nos. 93 and 94 are related but the remaining amendments relate to Part 4. I would prefer to take the first two amendments only.

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Aengus Ó Snodaigh: I move amendmentNo. 94: In page 24, line 15, to delete "25(12)" and substitute "25(13)".

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Aengus Ó Snodaigh: I move amendmentNo. 95: In page 25, to delete lines 10 to 46, to delete page 26 and in page 27, to delete lines 1 to 4 and substitute the following: "27.—The Act of 1984 is amended by the insertion of the following two words "or mainly" after "solely" in Section 18(1).". This concerns the section allowing inferences to be drawn in certain circumstances, representing a major shift in the law...

Criminal Justice Bill 2007: Report Stage (Resumed) (4 Apr 2007)

Aengus Ó Snodaigh: I move amendmentNo. 69: In page 18, to delete lines 21 to 44, to delete pages 19 and 20 and in page 21, to delete lines 1 to 11. This amendment proposes to delete section 24, which deals with sentencing in its entirety. However, I will deal first with amendments Nos. 70 and 80, which are alternatives to amendment No. 69. Amendments Nos. 70 and 80 propose that the provision that section 24...

Criminal Justice Bill 2007: Report Stage (4 Apr 2007)

Aengus Ó Snodaigh: I move amendmentNo. 62: In page 15, to delete lines 23 to 29 and substitute the following: "(3) Regulations under this section shall require the prior approval of both Houses of the Oireachtas following debate.".". This amendment is straightforward. The Minister has said in the past that there is a significant number of regulations and that it would put an onerous burden on Members to deal...

Criminal Justice Bill 2007: Report Stage (4 Apr 2007)

Aengus Ó Snodaigh: The debate on sentencing is an important one but it is not taking place beyond the few Members present who are interested, as well as members of the Bar or the Law Society. Obviously judges themselves would have a view on it. Sometimes we are forced to react by sensational headlines about a perceived wrong or inconsistent sentencing by a judge, but I am concerned that the debate has not...

Order of Business (4 Apr 2007)

Aengus Ó Snodaigh: Let us have the public debate.

Criminal Justice Bill 2007: Report Stage (4 Apr 2007)

Aengus Ó Snodaigh: However, I am lost.

Criminal Justice Bill 2007: Report Stage (4 Apr 2007)

Aengus Ó Snodaigh: I move amendmentNo. 43: "an adequate time in advance of the commencement of the proceedings concerned to allow for consideration of its content.".". This is a simple amendment to provide that there be adequate time to allow for consideration of the content, as indicated in the section. It seeks to ensure that proper consideration is given to decisions relating to the operation of this Bill,...

Criminal Justice Bill 2007: Report Stage (4 Apr 2007)

Aengus Ó Snodaigh: I move amendmentNo. 44: In page 13, to delete lines 4 to 12. I argued previously against the concept of outsourcing any part of the justice system. This provision deals with arrangements for electronic monitoring and allows the Minister to make contractual arrangements with any persons he or she considers fit to conduct the monitoring. This would permit the outsourcing of electronic...

Criminal Justice Bill 2007: Report Stage (4 Apr 2007)

Aengus Ó Snodaigh: Yes. Question, "That the words proposed to be deleted stand," put and declared carried.

Criminal Justice Bill 2007: Report Stage (4 Apr 2007)

Aengus Ó Snodaigh: I presumed it was in committee.

Criminal Justice Bill 2007: Report Stage (4 Apr 2007)

Aengus Ó Snodaigh: It does not make much difference anyway.

Criminal Justice Bill 2007: Report Stage (4 Apr 2007)

Aengus Ó Snodaigh: No. I have already reflected on it sufficiently.

Requests to move Adjournment of Dáil under Standing Order 31 (4 Apr 2007)

Aengus Ó Snodaigh: I seek the adjournment of the Dáil under Standing Order 31 to discuss a matter of national importance, namely, in light of findings from the HSE published today that children as young as eight years old are experiencing drug misuse and one in ten between the ages of 15 and 18 admit to using cocaine, ecstasy and speed, the urgent need for the Government to respond to the demands of the...

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