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Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Irish Prison Service Bill and of the Criminal Justice (Legal Aid) Bill: Discussion (3 Oct 2023)

Barry Ward: Okay, thank you. I will refer to what Mr. Donagh said about the issue in head 19 and guarantees for a person before a court. A legal aid certificate covers solicitor only, in essence, and can be added to. Should there be a guarantee for a person who is going forward on indictment that they would get one counsel or if they are going forward on indictment to the Central Criminal Court that...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Irish Prison Service Bill and of the Criminal Justice (Legal Aid) Bill: Discussion (3 Oct 2023)

Barry Ward: Is it Mr. Donagh's position that as a minimum, there should be a guarantee of counsel for anyone going forward on indictment?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Irish Prison Service Bill and of the Criminal Justice (Legal Aid) Bill: Discussion (3 Oct 2023)

Barry Ward: Do these heads undo that?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Irish Prison Service Bill and of the Criminal Justice (Legal Aid) Bill: Discussion (3 Oct 2023)

Barry Ward: I have a question on what was said about the legal advice before a matter goes to Garda investigation and I am not saying that this would happen. Is there a concern that at a later stage a defence team might construct a narrative that would suggest that that advice had tailored the manner or content of the complaint? We have seen a lot of development in, for example, the disclosure of...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Irish Prison Service Bill and of the Criminal Justice (Legal Aid) Bill: Discussion (3 Oct 2023)

Barry Ward: I have no doubt that is true. Is Ms Counihan worried that somebody couches it in terms two years later at trial that that is what happened?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Irish Prison Service Bill and of the Criminal Justice (Legal Aid) Bill: Discussion (3 Oct 2023)

Barry Ward: Can I make one comment?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Irish Prison Service Bill and of the Criminal Justice (Legal Aid) Bill: Discussion (3 Oct 2023)

Barry Ward: On head 29 and the expert witness procedure, I agree with what the Bar Council has said about the way it is currently worded. I also think that the practical experience of many practitioners has been extraordinarily frustrating because when you are dealing with a body that is not in the court, as opposed to a judicial figure who has a much greater understanding of how a trial runs and what...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Irish Prison Service Bill and of the Criminal Justice (Legal Aid) Bill: Discussion (3 Oct 2023)

Barry Ward: I do not want to deny an opportunity for Mr. Condon to respond.

Seanad: Nithe i dtosach suíonna - Commencement Matters: Healthcare Policy (28 Sep 2023)

Barry Ward: Cuirim fáilte roimh an Aire Stáit. I am grateful to the Minister of State for coming to the Chamber to deal with this issue. I used the term "breastfeeding" in my Commencement matter submission but I am really talking about child-feeding and child-changing facilities. As a new parent, I am acutely aware of this issue, and the Minister of State will also be familiar with the...

Seanad: Nithe i dtosach suíonna - Commencement Matters: Healthcare Policy (28 Sep 2023)

Barry Ward: I thank the Minister of State. I acknowledge that, as he said, next week is National Breastfeeding Week. We have lower rates and I recognise programmes are in place to encourage it. My wife's experience and mine is that breastfeeding is very much encouraged in our local area. We live in Dún Laoghaire and businesses in that area want to provide facilities for people who are...

Seanad: Garda Síochána (Recording Devices) Bill 2022: Second Stage (26 Sep 2023)

Barry Ward: Cuirim fáilte roimh an mBille seo ar son Fhine Gael. We are dealing with important legislation of which the Minister has brought us through the main provisions. It is to be welcomed. Probably the most - I do not want to say newsworthy - prominent aspect of the Bill is the provision of body cameras for gardaí. This is something that has been part of a debate on policing for some...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I thank the Minister for accepting my amendments. I appreciate that they are not of enormous gravity. On that basis, however, I am not inclined to push amendment No. 19. I accept what the Minister said and I am not sure very much turns on it in any event.

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I move amendment No. 2: In page 6, between lines 8 and 9, to insert the following: “Repeal of section 4 of Offences against the Person Act 1861 3. Section 4 of the Offences against the Person Act 1861 is hereby repealed. I am looking forward to the same spirit of co-operation from the Minister with regard to this amendment. Essentially, what this amendment does with regard...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I move amendment No. 3: In page 6, between lines 12 and 13, to insert the following: Conspiracy to murder 4.(1) A person who conspires, or otherwise agrees, whether in the State or elsewhere, with one or more persons, to murder, is guilty of an offence irrespective of whether a murder actually takes place or not. (2) Subsection (1)applies to a conspiracy committed outside the State...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I move amendment No. 13: In page 20, line 9, to delete “a”.

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I move amendment No. 14: In page 20, to delete lines 13 and 14 and substitute the following: “(2) An application under subsection (1)may be made ex parteor on notice to the respondent concerned.”. These amendments relate to section 27, which creates a power for orders to be made. These amendments relate specifically to the mechanics of making those orders. In section...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: Is the Minister suggesting that my amendment is imperfect?

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I appreciate very much what the Minister has said. I also appreciate that action will be taken. On that basis, I am happy to withdraw the amendment.

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I move amendment No. 16: In page 20, between lines 14 and 15, to insert the following: "(3) The court, on application to it under subsection (1)for an order under this section, may, where it is of the opinion that it is necessary and proportionate to do so, require that the application be made inter partesor on notice to the respondent concerned.".

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage (28 Jun 2023)

Barry Ward: I move amendment No. 18: In page 20, line 23, to delete "the applicant, or where relevant, a person" and substitute "the applicant or, where relevant, a person"

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