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Results 521-540 of 1,037,057 for in 'Dáil debates' OR in 'Committee meetings' (speaker:Máiría Cahill OR speaker:Seán Canney OR speaker:Michael Healy-Rae OR speaker:James O'Connor)

Childcare: Motion (Resumed) [Private Members] (25 Sep 2024)

Question declared carried.

Childcare: Motion (Resumed) [Private Members] (25 Sep 2024)

Cuireadh an Dáil ar athló ar 7.28 p.m. go dtí 9 a.m., Déardaoin, an 26 Meán Fómhair 2024. The Dáil adjourned at at 7.28 p.m. until 9 a.m. on Thursday, 26 September 2024.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: There is already.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Seán Ó Fearghaíl: -----as Deputy Howlin is suggesting, but in accordance with common law, should the judge see fit. Is that right?

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: If this were to apply, then you have a statutory sentencing for the aged-out child, which does not exist currently for the child, specific to this.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Seán Ó Fearghaíl: This allows the judge to have discretion in this case.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: Yes.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Brendan Howlin: As would my amendment.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Seán Ó Fearghaíl: Am I also to understand that because there is a Supreme Court case-----

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: There is potential for further changes.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Seán Ó Fearghaíl: -----there is potential for further changes, and that we are looking at an interim arrangement here, possibly.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: This is specific to the case because four or five current cases specific to this issue are potentially impacted. There will be-----

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Seán Ó Fearghaíl: Further change.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: -----possible further change but there are ongoing cases that need to be resolved before this.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Brendan Howlin: May I ask the Minister one more question?

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Seán Ó Fearghaíl: Yes.

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Brendan Howlin: If a child commits a particularly heinous murder - and we have seen some - and ages out, and is committed to prison for that terrible crime by a court, is it the Minister's view then that the same challenge could be available to them for that custodial sentence, as was available in the case of the recent High Court decision that gave rise to this legislation?

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Helen McEntee: My understanding is that there are a small number of cases that this could be applied to but, again, case law suggests that would perhaps not be successful. The advice is despite the fact there are a small number of cases where this has been applied, there is a strong reason to move forward with this specifically. There are a small number of cases. That is not to say a case would not be...

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Seán Ó Fearghaíl: Is Deputy Howlin going to press the amendment?

Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)

Brendan Howlin: I am actually still of the view that for consistency, we should have this in statute. What the Minister intends to apply should be determined by the Oireachtas as opposed to common law.

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