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Ceisteanna - Questions - Priority Questions: Legal Services (24 Oct 2012)

Alan Shatter: I put it to the Deputy that central to this issue are conflicts of interest. Central to this issue are certain legal practices that we saw during the boom years. The Deputy referred to some of those who were opposed to this. They were the larger legal practices, as opposed to the mid-range or smaller practices. They were opposed to it because they were doing work representing clients in...

Ceisteanna - Questions - Priority Questions: Legal Services (24 Oct 2012)

Alan Shatter: The children do not need legal advice in those circumstances. If the circumstances involve a parent conveying a property to several children, it makes sense that the parent is represented by a lawyer who is entirely independent of the children. That makes sense because there is a risk an elderly parent could, in circumstances within a particular family, be under some level of duress to...

Ceisteanna - Questions - Priority Questions: Judicial Appointments (24 Oct 2012)

Alan Shatter: There were a great deal more than five judicial appointments made last year, so I do not know exactly what the Deputy is talking about when he says five out of six judicial appointments involved members of my party. There were substantial appointments made at all levels of the courts. Some of the individuals would have been engaged in politics; many of them were not. There were also...

Ceisteanna - Questions - Priority Questions: Judicial Appointments (24 Oct 2012)

Alan Shatter: The Deputy should not be lead on this issue by a media which wants to present these appointments as outrageous and scandalous when they were actually on merit because of the excellence, independence of judgment and expertise that the individuals will bring to the Judiciary. That is a key and important issue. That has been the basis on which appointments have been made by the Government, as...

Ceisteanna - Questions - Priority Questions: Judicial Appointments (24 Oct 2012)

Alan Shatter: It must be remembered those who are appointed, save in the cases of promotion, first came through the judicial appointments advisory board. It is important in a constitutional democracy that we have balance and accountability in these matters. The Government and the Minister of the day is accountable for appointments made, albeit the names come through the judicial appointments board....

Ceisteanna - Questions - Priority Questions: Judicial Appointments (24 Oct 2012)

Alan Shatter: I know some Members, the general public and the media may disagree with decisions made or sentences imposed by the courts. However, they are occurring within an independent environment. There is no suggestion that our Judiciary is party politically biased in any shape or form. The problem with this dialogue is that it is based on the assumption they are and, therefore, we should change the...

Ceisteanna - Questions - Priority Questions: Judicial Appointments (24 Oct 2012)

Alan Shatter: I am not enthusiastic for a system that allows a body not to be accountable to Parliament making appointments with the Government playing no role. If that were to happen a constitutional referendum would be required. I suspect the general public may not be enthusiastic about that either.

Ceisteanna - Questions - Priority Questions: Legal Services (24 Oct 2012)

Alan Shatter: I previously addressed this matter in my written reply to Question No. 450 of 16 October 2012 which I will, therefore, substantially revisit on this occasion. As the Deputy will be aware, the matters raised relate to the conveyancing conflicts of interest regulation which was adopted by the council of the Law Society of Ireland on 7 September 2012 with a view to its coming into effect on 1...

Ceisteanna - Questions - Priority Questions: Gangland Killings (24 Oct 2012)

Alan Shatter: I very much welcome the Deputy's continuing support for the work An Garda Síochána is doing. It has the full support of the Government in the work it is doing. On the barbaric shooting of Alan Ryan, the Garda dealt in an appropriate manner with the despicable events that took place during the course of the funeral which, essentially, was used by those engaged in subversive...

Ceisteanna - Questions - Priority Questions: Gangland Killings (24 Oct 2012)

Alan Shatter: From previous comments made by him in the House, I know the Deputy is supportive of An Garda Síochána and I welcome what he said. The Garda dealt with a very difficult event at the funeral mentioned with great intelligence and insight. As I said, there will be consequences - there have been some already - for the display that was put on. The Deputy has referred to individuals...

Ceisteanna - Questions - Priority Questions: Judicial Appointments (24 Oct 2012)

Alan Shatter: I reject entirely the inference in the Deputy's question. Under the Constitution, judges are appointed by the President on the advice of the Government. Such appointments are dealt with by the Judicial Appointments Advisory Board which was established pursuant to the Courts and Court Officers Act 1995. Under section 16 of the Act, where a judicial office stands vacant or before a vacancy...

Ceisteanna - Questions - Priority Questions: Gangland Killings (24 Oct 2012)

Alan Shatter: I propose to take Questions Nos. 1 and 3 together. I share the widespread outrage at the serious crimes which have been carried out recently and fully appreciate the concerns of communities that find this violence taking place on their local streets. The brutal nature of these crimes is a stark reminder to us of the mentality of those involved in organised criminality and the danger they...

Seanad: Amendment to Terms of Reference of Tribunal of Inquiry: Motion (24 Oct 2012)

Alan Shatter: This motion proposes to amend the terms of reference of the tribunal of inquiry into suggestions of collusion by members of An Garda Síochána or other employees of the State in the murder by the Provisional IRA of RUC Chief Superintendent Harry Breen and RUC Superintendent Bob Buchanan in March 1989. The tribunal, as Members know, was established by the Oireachtas in 2005 and it is chaired...

Seanad: Amendment to Terms of Reference of Tribunal of Inquiry: Motion (24 Oct 2012)

Alan Shatter: I thank all those who spoke for their support for this motion. It is important that the tribunal be allowed to complete its work to get to the real truth of the allegations that have been made, and quite clearly, in circumstances in which there is a crucial witness whose health has deteriorated to the extent he is not in a position to give evidence, it was inevitable the chairman of the...

Written Answers — Department of Justice and Equality: Inspector of Prisons Reports (24 Oct 2012)

Alan Shatter: The Deputy will be aware that I published the Inspector's Report last week. I also published the Irish Prison Service's Action Plan for implementing the Inspector's recommendations. The report raises serious issues and major concerns including weak management, behaviour of some prison staff, the culture in the prison, the inattention to human rights norms, prisoners on protection and...

Written Answers — Department of Justice and Equality: Court Procedures (24 Oct 2012)

Alan Shatter: The Deputy will be aware that the Government recently approved in principle my proposals for reforms to our courts structures which will, in due course, require the holding of a Constitutional referendum. The proposed reforms are intended, if approved in a referendum, to facilitate the establishment of a new separate Family Courts structure which will streamline family law court processes...

Written Answers — Department of Justice and Equality: Proposed Legislation (24 Oct 2012)

Alan Shatter: The Privacy Bill 2006 was restored to the Order Paper of the Seanad in June 2006 at my request. In restoring the Bill to the Order Paper, my intention was to examine its provisions and to make any necessary changes and updating to the text. The previous Government had left the Bill on the Order Paper to give adequate time, first, to assess the effectiveness of the Press Council in dealing...

Written Answers — Department of Justice and Equality: Garda Operations (24 Oct 2012)

Alan Shatter: I am informed by the Garda authorities that Operation Fiacla is running for 12 months initially, with effect from February 2012. The Operation is the subject of regular monitoring and review by senior Garda management and is focused on identifying and targeting gangs involved in burglaries around the country so as to disrupt their activities and bring them before the Courts. Operation...

Written Answers — Department of Justice and Equality: Garda Investigations (24 Oct 2012)

Alan Shatter: I am advised by the Garda authorities that the examination referred to by the Deputy is ongoing. The Commissioner has assured me that each and every line of inquiry is being or will be pursued. Upon receipt of a final report from the Commissioner I will review the situation. I understand that the officers carrying out the examination are continuing to keep the family members of the...

Written Answers — Department of Justice and Equality: Press Standards (24 Oct 2012)

Alan Shatter: I take it that the Deputy is referring to regulation in regard to the law on defamation which falls within my area of responsibility. Regulation of the broadcast media or issues in regard to ownership of media do not fall within my Department's area of responsibility. I have no particular plans at this time in regard to regulation of the print media. A review of the operations of the...

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