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Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Sheila Terry: Or in the vicinity of his premises.

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Sheila Terry: I am not really satisfied with the answers given by the Minister of State. Of course I agree with Senator White that we want our streets safe but this Bill does nothing to make them safe. It is putting the onus on the management of food premises to ensure that there is no disorderly behaviour outside the premises. It is not clear how they are supposed to achieve that.

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Sheila Terry: That will not matter.

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Sheila Terry: May I make a comment?

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Sheila Terry: I am commenting on the fact that food premises are included in this section. If I were the owner of a chip shop near a public house I would be extremely worried that I could be liable for the behaviour of people outside my premises who had become intoxicated in the nearby pub. Problems arise in this area which are not addressed. We will probably deal with this issue later. Question put and...

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Sheila Terry: I move amendment No. 4: In page 5, subsection (1)(a)(ii), line 31 after "caused by" to insert "the playing of music by". Noise emanating from premises is referred to in section 4(1)(a)(ii). A number of people have complained to me about the noise resulting from the playing of music in public houses. This is a great source of nuisance to families, in particular. The Bill is the appropriate...

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Sheila Terry: It depends on the level.

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Sheila Terry: Someone changed my amendment. I wanted it to be included separately at section 4(1)(a)(iii). Noise is included in paragraph (ii). I wanted to include noise as a result of very loud music in another paragraph. I take on board what the Minister of State has said that the section will also include music. Therefore, I will withdraw the amendment. Amendment, by leave, withdrawn.

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Sheila Terry: There is a problem with food outlets because we are dealing with people who have come from licensed premises to buy chips. It will be extremely difficult for the owner of the chip shop to be responsible for the behaviour of those outside. If he sees an incident occurring, what can he do? He can ring the Garda and report the public disorder, but that is all. If there is public disorder,...

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Sheila Terry: I move amendment No. 9. In page 8, after line 30, to insert the following new section: "11. Any member of the Garda Síochána whether in uniform or not may enter without a warrant any place in respect of which the provisions of the Criminal Justice (Public Order) Act 2003 apply, any premises licensed under the Intoxicating Liquor Acts 1883-2000, the Registration of Clubs Acts 1908-2000, the...

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Sheila Terry: I look forward to this amendment being included in the intoxicating liquor Bill, if it is not to be included in this Bill. However, this Bill has taken some time to get to this Stage and, hopefully, will be enacted soon. We will have to go through all Stages of the intoxicating liquor Bill, so we are talking about another 12 months or so. On the basis of the time it took to get this Bill...

Seanad: Criminal Justice (Public Order) Bill 2002: Committee Stage. (20 May 2003)

Sheila Terry: May I comment on that?

Seanad: Order of Business. (21 May 2003)

Sheila Terry: I heard the Dublin city manager on the radio this morning once again defending the height of the Dublin Port tunnel. The proposed height will prevent many higher trucks using the tunnel. I cannot understand why we are not engaged in forward thinking because we must plan for the future in order to maintain competitiveness. I ask the Leader to invite the Minister for Transport to come to the...

Seanad: Order of Business. - Criminal Justice (Joint Investigation Teams) Bill 2003: Report and Final Stages. (22 May 2003)

Sheila Terry: I second the amendment.

Seanad: Order of Business. - Criminal Justice (Joint Investigation Teams) Bill 2003: Report and Final Stages. (22 May 2003)

Sheila Terry: I move amendment No. 2: In page 7, lines 5 to 7, to delete "if the circumstances so require, for such period or periods as may be agreed by the Competent Authority" and substitute: "For such periods not exceeding its duration since establishment, or if the circumstances so require, for such periods as may be agreed by the Competent Authority in consultation with the Minister". I tabled a...

Seanad: Order of Business. - Criminal Justice (Joint Investigation Teams) Bill 2003: Report and Final Stages. (22 May 2003)

Sheila Terry: I move amendment No. 3: In page 7, between lines 8 and 9 to insert the following: "(2) Each joint investigation team to be established under this Act shall be costed by the Competent Authority prior to establishment.". The Minister of State may have answered this amendment in his previous response. I have tabled it because I believe it would be appropriate that each investigation be costed...

Seanad: Order of Business. - Criminal Justice (Joint Investigation Teams) Bill 2003: Report and Final Stages. (22 May 2003)

Sheila Terry: I thank the Minister of State for his attendance this morning and I also thank the Minister, Deputy McDowell, and the Minister of State, Deputy O'Dea. This Bill when enacted will be a worthwhile tool in the fight against crime and terrorism and will allow Ireland to work in close co-operation with other countries to achieve that. I welcome the Bill.

Seanad: Order of Business. - Criminal Justice (Public Order) Bill 2002: Report and Final Stages. (22 May 2003)

Sheila Terry: I second the amendment and support what Senator Tuffy said. We raised serious concerns about the legislation on Committee Stage. Most problems associated with public disorder occur as a result of drink and there must be a great onus on owners or managers of licensed premises in this regard. We expressed concerns about how owners or managers of a fast food take-away premises could be held...

Seanad: Order of Business. - Criminal Justice (Public Order) Bill 2002: Report and Final Stages. (22 May 2003)

Sheila Terry: I second the amendment. The Minister has dealt extensively with this matter. However, the section also refers to noise. Can we take it that noise will mean the noise that results from music being played in super-pubs which is a serious nuisance for adjoining residences? May we rest assured that it will be taken to be an act of public disorder?

Seanad: Order of Business. - Criminal Justice (Public Order) Bill 2002: Report and Final Stages. (22 May 2003)

Sheila Terry: I second the amendment.

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