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Written Answers — Department of Justice and Equality: Departmental Contracts (30 Jul 2020)

Helen McEntee: I wish to advise the Deputy that my Department has not engaged the services of Sodexo Ireland.

Written Answers — Department of Justice and Equality: Bench Warrants (30 Jul 2020)

Helen McEntee: As the Deputy will appreciate, difficulties in relation to the execution of warrants, including bench warrants, are a long-standing issue for many police forces around the world; notably relating to persons actively seeking to evade detection and where limited identification information might be available to support enforcement.  These difficulties are compounded where the warrant has...

Written Answers — Department of Justice and Equality: Direct Provision System (30 Jul 2020)

Helen McEntee: Due to a lack of spare capacity within my Department’s accommodation portfolio, the International Protection Accommodation Service (IPAS) has had no other recourse but to contract bed spaces in hotels, B&Bs and guesthouses to meet demand. The premises referred to by the Deputy is one of those premises contracted on an emergency basis.  As it is not...

Written Answers — Department of Justice and Equality: Departmental Advertising (30 Jul 2020)

Helen McEntee: It has not been possible to collate the information requested by the Deputy within the time allowed. I will write to the Deputy to provide this information as soon as it is available.

Written Answers — Department of Justice and Equality: Naturalisation Eligibility (30 Jul 2020)

Helen McEntee: I am advised by the Citizenship Division of my Department that no application for a certificate of naturalisation has been received from the person concerned. A determination on whether an applicant satisfies the statutory criteria attendant to naturalisation can only be made after an application is received. Every application is considered on its individual merits.  It is open to...

Seanad: Skellig Star Direct Provision Centre and the Future of Direct Provision: Statements (30 Jul 2020)

Helen McEntee: I thank Senators for inviting me here to speak today on what is a very important topic for them, and for me as Minister for Justice and Equality. The direct provision system has provided accommodation, food, healthcare and other essential needs for more than 65,000 people since its inception some 20 years ago. While it ensures their basic needs are met, the intervening years have taught us...

Seanad: Skellig Star Direct Provision Centre and the Future of Direct Provision: Statements (30 Jul 2020)

Helen McEntee: I thank Senators for having this debate. I can hear and see their sincerity in making their points. I hope I have addressed some of their concerns in my opening contributions, but I also take on board the other issues they have raised. I had the pleasure some time ago, having just got back from a European Council meeting together with the then Taoiseach, Deputy Varadkar, of meeting a large...

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Order for Second Stage (2 Sep 2020)

Helen McEntee: I move: "That Second Stage be taken today."

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Second Stage (2 Sep 2020)

Helen McEntee: I move: "That the Bill be now read a Second Time." The Bill I am proposing today is a short and relatively simple one, with a specific purpose in connection with licensed premises and certain private membership clubs. However, the importance of this Bill is much broader than that. The Covid-19 pandemic presents an unprecedented challenge to all of our society. The public health...

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Second Stage (2 Sep 2020)

Helen McEntee: One should have been sent around.

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Second Stage (2 Sep 2020)

Helen McEntee: I thank Deputies for their contributions and for agreeing to waive pre-legislative scrutiny of the legislation. I accept that it is the second Bill I have brought forward in such circumstances but, as Deputies who are concerned about this have outlined, there is no committee structure currently in place and this legislation will only be in force until 9 November unless the House decides to...

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Second Stage (2 Sep 2020)

Helen McEntee: I have not seen them yet.

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Helen McEntee: I thank Deputy Howlin for tabling this amendment. I will touch on a few points that have been raised but are obviously relevant to this. It has been suggested that this legislation is anti-publican and anti-rural Ireland. As the Minister who is bringing this forward and as somebody who has worked in a pub for almost a third of her life, most of the time in a rural pub, I can reassure...

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Helen McEntee: To clarify, if we take the two lines separately - I think the Deputy accepts that the first line needs to be included - the purpose of giving a direction under section 31A(7) of the 1947 Act relates only to penal provisions. Under the overall Act, measures have been brought in that are law but are not penal provisions. Section 31A(7) is specific to penal provisions. In the second piece,...

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Helen McEntee: Under section 31A(7) of the Health Act, which outlines the penal provisions, a garda can direct a person to comply with any penal regulations. That is already included in the Health Act, which is mentioned in the first sentence. Where the Bill refers to a direction, specific to the implementation of the closing of a pub, that is very specific to the penal provisions that will be connected...

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Helen McEntee: When we refer to "or otherwise", it is only with regard to section 31A(7) of the Health Act 1947. The penal provisions have been signed into law and have been published by the Department of Health. They are clear for people to see. The "or otherwise" cannot refer to anything outside of those specific penal provisions that have been approved and have come before the Dáil, which are now...

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Helen McEntee: Although I do not think it is the intention of Deputy Howlin, I point out that this amendment does not actually intend to provide for a right of appeal. The amendment seeks to include a provision in section 4, which the Deputy has rightly outlined deals with the immediate closure of a premises where the Garda determines there has been a serious breach of a Covid regulation despite previous...

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Helen McEntee: We are speaking about an immediate closure. This step would be taken following a failure to comply with Covid regulations. I will clarify that for the Deputy. The amendment addresses matters relating to criminal procedures and evidence, which is not what we are dealing with in this particular Bill. I am not sure we would want to set a precedent of setting out what a person could or...

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Helen McEntee: What the Deputy is outlining, particularly in terms of subparagraphs (a) to (e), is what a defence can or cannot raise.

Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020: Committee Stage (3 Sep 2020)

Helen McEntee: The matters proposed to be included are essentially matters that would form part of the State's proof in a criminal trial or hearing. This can be challenged by the defence and publicans or others in the usual way at a trial. That is already in place and it is applicable here. The Deputy suggests that by not including this the legislation could be unconstitutional. Constitutionally any...

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