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Ceisteanna Eile - Other Questions: Wards of Court (20 Nov 2019)

Charles Flanagan: The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 but has not yet been fully commenced. As Deputy Connolly will be aware, the High Court has jurisdiction in wards of court matters. Management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998. To be of...

Ceisteanna Eile - Other Questions: Closed-Circuit Television Systems (20 Nov 2019)

Charles Flanagan: By way of explanation to Deputy Thomas Byrne, who has difficulty listening, if he is aware of any groups that wish to avail of the scheme, first, further details are available to download from my Department's website; second, support and guidance is available to help interested groups through a dedicated email address in my Department; and third, if he would like to bring any specific issue...

Ceisteanna Eile - Other Questions: Closed-Circuit Television Systems (20 Nov 2019)

Charles Flanagan: -----my door is always open, as he should know. My officials are available to help in any way the Deputy feels would be appropriate, but within the legal framework. I emphasise again that grant funding will only be considered where the application meets the legal requirements for CCTV. In other words, I refer to systems that have been approved by the local joint policing committee,...

Ceisteanna Eile - Other Questions: Closed-Circuit Television Systems (20 Nov 2019)

Charles Flanagan: -----and of which I am sure he is aware, or the relevant local authority. I assume the Deputy has been a member of Meath County Council.

Ceisteanna Eile - Other Questions: Closed-Circuit Television Systems (20 Nov 2019)

Charles Flanagan: In fact, he has a direct familial link in that area - again, importance by way of assistance. The systems must also have received the authorisation of the Garda Commissioner. I do not believe this is an issue of mirth-----

Ceisteanna Eile - Other Questions: Closed-Circuit Television Systems (20 Nov 2019)

Charles Flanagan: -----but I would be very keen to assist any local groups that Deputy Byrne believes would like to avail of assistance from the Department of Justice and Equality. I would be keen to ensure that any community group, provided it meets the legal requirements, may be assisted under what is an attractive grant aid scheme.

Ceisteanna Eile - Other Questions: Legal Advice (20 Nov 2019)

Charles Flanagan: I am acutely aware of the particular difficulties victims of sexual offences encounter during the investigation and prosecution process. This question concerns section 26(3A) of the Civil Legal Aid Act 1995, as amended, which provides for legal advice to be made available, free of contribution and without any means or merits criteria, to complainants in prosecutions for rape and certain...

Ceisteanna Eile - Other Questions: Legal Advice (20 Nov 2019)

Charles Flanagan: I would be happy to take serious note of any point raised by Deputy Pringle or any other Deputy if there is a scheme of further information that might be applied in certain circumstances. The legal advice, the legal aid service, is available right throughout the country. The Legal Aid Board provides legal aid and advice primarily through the network of law centres and the solicitors...

Ceisteanna Eile - Other Questions: Legal Advice (20 Nov 2019)

Charles Flanagan: I reject the Deputy's assertion that the law in this area is so outdated as to be less than relevant.

Ceisteanna Eile - Other Questions: Legal Advice (20 Nov 2019)

Charles Flanagan: I point, for example, to the Civil Law (Miscellaneous Provisions) Act 2011, which has extended the circumstances under which legal aid and advice may be proper to alleged victims and complainants, and to the Victims of Crime Act 2017, which has created a number of statutory rights for victims of crime, including the rights to receive comprehensive, timely advice, and to access appropriate...

Ceisteanna Eile - Other Questions: Closed-Circuit Television Systems (20 Nov 2019)

Charles Flanagan: It is not a matter of investment. It is a matter of ensuring that the regulatory framework is known to people and can be deployed as such. The legal framework requires that any proposed community CCTV scheme must meet a number of conditions: it must be approved by the local joint policing committee, it must have the prior support of the relevant local authority, which must also act as data...

Ceisteanna Eile - Other Questions: Closed-Circuit Television Systems (20 Nov 2019)

Charles Flanagan: I am not sure what the Deputy has put forward in terms of alternatives. I can say, however, that the requirement for local authorities to act as data controller for the schemes is a statutory one set out in the Garda Síochána CCTV order of 2006. It is a legal requirement for any proposed scheme that the relevant local authority act as data controller. This is the law. It has not...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Garda Deployment (20 Nov 2019)

Charles Flanagan: 11 o’clock The Garda air support unit was established in 1997 and provides a 24-hour proactive and reactive service in support of front-line operational gardaí and specialist units. Two helicopters and one fixed-wing aircraft are currently assigned to the unit. It provides invaluable support to operational gardaí in the course of their duties. I am informed by An...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Garda Deployment (20 Nov 2019)

Charles Flanagan: I do not have a regional breakdown of the more than 5,000 engagements, but I would be happy to see if such information can be acquired by An Garda Síochána. I know from anecdotal experience that this is far from a Dublin-only service, and I invite the Deputy to agree with me on that. I would be happy to provide information for other parts of the country insofar as I can. I am...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Garda Deployment (20 Nov 2019)

Charles Flanagan: I am happy to do so, provided that information is available to me.

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Garda National Immigration Bureau (20 Nov 2019)

Charles Flanagan: Any measures outlined by the Deputy are fully in accordance with the letter and spirit of the Good Friday Agreement and the common travel area. In this regard, the Government and our colleagues in the UK are firmly committed to maintaining the common travel area and the rights enjoyed by our citizens who travel freely between these islands and between North and South every day. In this...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Law Reform Commission Reports (20 Nov 2019)

Charles Flanagan: I warmly welcome the publication of the Law Reform Commission’s report on knowledge and belief concerning consent in rape law. As the Deputy may recall, the report was prepared by the commission in response to a reference from the then Attorney General, on behalf of the Government. The report is a thorough and expert examination of this complex issue. I assure the Deputy that my...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Law Reform Commission Reports (20 Nov 2019)

Charles Flanagan: I am pleased the Deputy recognises that this is not only a most sensitive area of the law but also a most complex area. As the law stands, the mental element of the offence of rape is not present if the accused honestly believed consent was given, so long as that belief was genuine, no matter how unreasonable or irrational. As a result, a person who held a genuine but completely...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Law Reform Commission Reports (20 Nov 2019)

Charles Flanagan: Lest the House be under any misapprehension, while the intention may be to introduce amending legislation, it will not happen within the coming weeks or months. We have the important contribution to the debate of the Law Reform Commission report. The timing of the report is particularly welcome, given the review of protections for vulnerable witnesses in the investigation and prosecution of...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Proposed Legislation (20 Nov 2019)

Charles Flanagan: I agree fully with and welcome the Deputy's comments in this regard and I trust that they are reflective of the views of all elected Members of this House but what are we going to do about it? In respect of the justice sector, in addition to the steps taken by the Minister of State, Deputy Stanton, I acknowledge the importance of the process of establishing a new anti-racism committee that...

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