Results 17,461-17,480 of 19,414 for speaker:Aengus Ó Snodaigh

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: I move amendmentNo. 57: In page 29, between lines 20 and 21, to insert the following: "19.—(1) All Garda stations shall be internally and externally monitored and recorded by CCTV or the equivalent and the recordings shall be secured for at least a year unless an allegation has been made of abuse by a Garda or it is required for the prosecution of an offence in which case it shall be...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: I move amendmentNo. 17: In page 18, after line 47, to insert the following: "(2) The Order of the District Judge issuing a search warrant under this section shall record in writing the offence in relation to which the power has been exercised.". The point of amendments Nos. 17, 20 and 26 is to give effect to what the Minister has said.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: I have never had a warrant issued against me.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: Yes.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: I move amendmentNo. 35: In page 21, to delete lines 33 to 49 and in page 22, to delete lines 1 to 40. Section 9 provides for the period of detention without charge, during interrogation for ordinary crimes, to be extended to up to 24 hours. The Irish Human Rights Commission has argued that this provision may put Ireland in breach of its international human rights obligations under the...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: The case has not been made as to how this change can have a major bearing on investigations. Concerns have been expressed about prolonged periods of detention which have led to extra duress for individuals, leading to unsafe convictions. Several bodies have raised questions about the proposal. I do not believe the Minister has made the case properly on this issue. As amendment No. 35 proposes...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: Would the Minister have accepted my amendment No. 37?

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: The Minister does not need a tape recorder.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: I move amendmentNo. 46: In page 26, to delete lines 31 to 38 and substitute the following: "(aa) make provision for the safeguards outlined in Schedule 1* of the Criminal Justice Act 2006.".

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: I move amendmentNo. 47: In page 26, between lines 38 and 39, to insert the following: "(d) in section 5(2) by the insertion of the following paragraph after paragraph (b): (c) In determining whether the carrying out of a forensic procedure without consent is justified in all the circumstances the superintendent or Garda of higher rank shall have regard to the following: (i) the seriousness of...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: After that rant, where does one go?

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: No, it is not another one. If the Minister had read the amendment, he would have seen that it is quite reasonable, since it refers to the seriousness of the circumstances in the instances of which he has spoken and the degree of the suspect's involvement.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: It also refers to determining whether carrying out the forensic procedure without consent is justified.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: Another issue is whether there is a less intrusive but reasonably practical way of obtaining evidence. I am not saying that evidence should not be gathered. My proposal quite rightly attempts to amend this section in this instance rather than deleting it, adding conditions that must be taken into account. That is all, and no one, by adopting this, would detract from the victim's human rights....

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: I was going to finish rather than going back again. I have a right to reply, so I can sit down and start again. I was about to finish by saying that it is a pity that the Minister has rejected out of hand safeguards such as these, dismissing what the Human Rights Commission had to say. I am not expert in this field since, like the Minister, I accept advice from those tasked to inform us or...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: I move amendmentNo. 48: In page 26, between lines 38 and 39, to insert the following: "(2) Any Ministerial regulations arising from this section shall require the approval of both Houses of the Oireachtas.".

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: I move amendmentNo. 15: In page 18, between lines 35 and 36, to insert the following: "6.—(1) The Offences Against the State Act 1939 is amended by the deletion of section 29 of that Act.". This relates to the Minister's statement on Committee Stage that we were dealing with the power to issue warrants and that he was taking on board what Mr. Justice Frederick Morris said as an outcome of...

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: Amendment No. 16 deals with the Criminal Justice Bill while amendment No. 15 deals with the Offences Against the State Act. They are the same.

Criminal Justice Bill 2004: Report Stage (Resumed). (27 Jun 2006)

Aengus Ó Snodaigh: It is clear to anyone who has followed the Morris tribunal why the law needs to be changed in respect of the Offences against the State Act and the abuse by gardaí of the powers given to them under that and other Acts. I took the opportunity when the Minister raised it on Committee Stage to table this amendment. I would prefer to deal with the Offences against the State Act in full. I am...

Criminal Justice Bill 2004: Report Stage. (27 Jun 2006)

Aengus Ó Snodaigh: It will come as no surprise that I do not agree with the Minister on this occasion. While his definition of anti-social behaviour orders is a marginal improvement on that used by the British, many core problems remain and it is still too vague. I welcome that the two aspects were separated, although I oppose the concept of ASBOs. The section treats the alleged behaviour as if it were a proven...