Results 561-580 of 1,059,201 for in 'Dáil debates' OR in 'Committee meetings' (speaker:Ciarán Cuffe OR speaker:David Stanton OR speaker:Barry Cowen OR speaker:Christopher O'Sullivan OR speaker:Seán Haughey OR speaker:Simon Harris OR speaker:Bernard Durkan)
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Brendan Howlin: I do not reference murder. Where the Minister's proposals in her Bill apply, my amendment seeks to leave it up to the court to determine what the appropriate order or sentence is. This is the difficulty I have. You cannot have equality between a person aged under 18 and a person who is 18 or older. That is not possible because the Children Act no longer applies to that person. Somebody...
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: The fact that it is silent on the type of offence in the 2001 Act, by disapplying it to aged-out persons they automatically fall under that category. However, by inserting the words "when he or she committed the murder", there is a specific-----
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Brendan Howlin: The 2001 Act does not apply to anyone over 18.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: By disapplying the mandatory life sentence of murder to this person, the person automatically falls back under this.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Brendan Howlin: Under what?
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: It is going back to when the crime was committed, not when the person is being sentenced. That is what it is looking at.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Brendan Howlin: I do not understand that.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: The amendment specifically refers to murder, which is not referenced in the 2001 Act for children. Deputy Howlin's amendment would include that where it is not included at the moment.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Brendan Howlin: I am not referencing murder at all.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: The amendment refers to it. That is the challenge here.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Brendan Howlin: Where in the amendment?
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: The amendment states: “(2) Subsection (1) shall not apply to the sentencing of a person convicted of murder who was under the age of 18 years when he or she committed the murder but has attained that age on or before the date of such sentencing."
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Brendan Howlin: That is taken directly from the Minister's Bill. That is a simple recitation of section (2)(b) of the Minister's Bill, where it states: “(2) Subsection (1) shall not apply to the sentencing of a person convicted of murder who was under the age of 18 years when he or she committed the murder but has attained that age on or before the date of such sentencing.”
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: I am sorry, I was looking at the wrong section. It still applies in the same way because it is silent to murder. There is no need to change it because it already applies. When it is disapplied, it will apply to the child because the offence was committed before the child was 18. This is the very clear advice I have.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Brendan Howlin: I am restating the subsection the Minister has in the Bill in relation to a person convicted of murder who was under the age of 18. Whether my amendment is passed or rejected, that statement will be in the Bill and in the law. The only new thing is the new subsection which specifically states it will be up to the court to determine the order or sentence. The Minister said she cannot do...
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: It disapplies it. The same approach will be applied.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Brendan Howlin: The Children Act cannot apply because it states that it applies to children under the age of 18.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: It will revert to the same common law that is used by the Children Act. It would be the same approach.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Brendan Howlin: The Children Act does not apply to anybody over 18. That is a simple fact.
- Criminal Justice (Amendment) Bill 2024: Committee and Remaining Stages (25 Sep 2024)
Helen McEntee: By disapplying it, it will revert to common law which is exactly-----