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Written Answers — Department of Justice and Equality: Deportation Orders (6 Oct 2020)

Helen McEntee: I propose to take Questions Nos. 611 and 612 together. The Immigration Service of my Department captures the most relevant details relating to an applicant at the time a new immigration record is being created. Those details are comprised of the applicant’s full name, their date of birth, their gender and their country of nationality. The person will also be associated with the...

Written Answers — Department of Justice and Equality: Immigration Status (6 Oct 2020)

Helen McEntee: The Programme for Government contains a commitment to create new pathways for long-term undocumented people and their dependents meeting specified criteria to regularise their status within 18 months of the formation of the Government, bearing in mind European Union and Common Travel Area commitments. Ireland along with other Member States of the EU, has committed, under the European...

Written Answers — Department of Justice and Equality: Visa Applications (6 Oct 2020)

Helen McEntee: The Immigration Service of my Department is actively considering the immigration case of the person concerned. I understand that there has been an ongoing exchange of correspondence between the relevant personnel of the Immigration Service of my Department and the person concerned in recent weeks in relation to the submission of additional information, documentation and clarifications...

Written Answers — Department of Justice and Equality: Garda Stations (6 Oct 2020)

Helen McEntee: The programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation. An Garda Síochána has been allocated an unprecedented budget of €1.88 billion for 2020, as well as capital...

Written Answers — Department of Justice and Equality: Legal Aid Service (6 Oct 2020)

Helen McEntee: The Legal Aid Board provides legal advice and aid under the Civil Legal Aid Act 1995 and the Civil Legal Aid Regulations 1996-2017. Section 3(3) of the Civil Legal Aid Act 1995 provides that the Board shall, subject to the provisions of this Act, be independent in the exercise of its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and I am...

Written Answers — Department of Justice and Equality: Residency Permits (6 Oct 2020)

Helen McEntee: Written representations have been submitted on behalf of the person concerned in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended). These representations, together with all other information and documentation on file, will be fully considered under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable...

Written Answers — Department of Justice and Equality: Insurance Costs (6 Oct 2020)

Helen McEntee: The Programme for Government contains a commitment to consider changes to the Occupiers' Liability Act and the Civil Liability Act (duty of care) to strengthen waivers and notices to increase protections for consumers, businesses, sporting clubs and community groups. As an initial step in the process, my Department is examining international practice in the area of occupiers’...

Written Answers — Department of Justice and Equality: Personal Injury Claims (6 Oct 2020)

Helen McEntee: The Law Reform Commission Report on Capping Damages in Personal Injuries which was published last Wednesday (30 September), considers whether it would be constitutionally permissible to legislate for capping general damages in personal injuries cases. It concludes that two possible legislative models – the current Judicial Council Act 2019 model and another based on Australian and...

Written Answers — Department of Justice and Equality: Social Media Regulation (6 Oct 2020)

Helen McEntee: In relation to defamatory publications, my Department is currently completing a review of the Defamation Act 2009. This review is included in the Programme for Government, which contains a commitment (p. 122) to ‘review and reform defamation laws to ensure a balanced approach to the right to freedom of expression, the right to protection of good name and reputation, and the right of...

Written Answers — Department of Justice and Equality: Social Media Regulation (6 Oct 2020)

Helen McEntee: I can inform the Deputy that the new Programme for Government,Our Shared Future, commits to reviewing and reforming defamation laws, to ensure a balanced approach to the right to freedom of expression, the right to protection of good name and reputation, and the right of access to justice. In relation to defamatory publications, my Department is currently completing a review of the Defamation...

Written Answers — Department of Justice and Equality: Garda Deployment (6 Oct 2020)

Helen McEntee: The Deputy will be aware that the Garda Commissioner is, by law, responsible for the management and administration of An Garda Síochána, including personnel matters and decisions on the deployment of resources. As Minister, I have no responsibility for these matters. I understand however that Garda management keeps the distribution of resources under continual review in the...

Written Answers — Department of Justice and Equality: Garda Youth Diversion Projects (6 Oct 2020)

Helen McEntee: I am very conscious of how the impact of anti-social behaviour affects the quality of life for local communities. Preventing children getting involved in criminality and diverting children away from it when they have already become involved is a key priority for me as Minister for Justice and the Programme for Government contains a number of commitments with regard to tackling anti-social...

Written Answers — Department of Justice and Equality: Student Visas (6 Oct 2020)

Helen McEntee: In March 2020, as part of the Government's response to the COVID-19 pandemic, students who hold Stamp 2 permissions and who attended colleges that had physically closed due to the COVID-19 pandemic, were allowed in those exceptional circumstances to work up to 40 hours a week. This was conditional on the student completing their course online if this service was provided by their college and...

Written Answers — Department of Justice and Equality: Departmental Staff (6 Oct 2020)

Helen McEntee: The following table sets out the number of staff on sick leave, the number of sick leave instances and number of sick leave days by month from March to September 2019 and January to September 2020. In respect of the pay arrangements in place, in general the Sick Pay scheme provides the following: - Full pay for the first 92 days of certified sick leave based on full pay in a 1 year period -...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Engagement with the Minister for Justice (6 Oct 2020)

Helen McEntee: I thank the Chairman. I echo the Chairman's sentiments. I look forward to working with him and all the committee members, and to continued engagement in the months and years ahead. I thank the committee for the invitation to discuss the justice elements of the withdrawal legislation. It is timely to consider these provisions with less than 100 days to the end of the UK's transition...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Engagement with the Minister for Justice (6 Oct 2020)

Helen McEntee: In terms of readiness, we are progressing this legislation, as a general Bill, as quickly as possible. The most recent publishing of it happened on 9 September. The Minister for Foreign Affairs, Deputy Coveney, is leading the Bill through his Department. It is intended that the legislation would be enacted and ready before the end of the year and before the transition period ends. As I...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Engagement with the Minister for Justice (6 Oct 2020)

Helen McEntee: I know that the most recent round of negotiations concluded last Saturday and, unfortunately, the view of Michel Barnier, our chief negotiator, is that while progress has been made again in some minor areas, there is still a way to go. I agree with the Deputy that this is concerning and that is why it is important that we move this legislation forward as quickly as possible. This...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Engagement with the Minister for Justice (6 Oct 2020)

Helen McEntee: To respond to the Deputy's final question, the main area in which we would seek to engage in a bilateral arrangement is that of data sharing between An Garda Síochána and the PSNI, to ensure we can continue to co-operate and that the day-to-day functions and carrying out of the Garda Síochána's work can continue. It is not an ideal scenario for individual member states to...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Engagement with the Minister for Justice (6 Oct 2020)

Helen McEntee: That is my understanding, yes. It is my understanding that applications will be handled through the same administration system within the Department through which the European arrest warrant currently functions. The Garda Síochána office would examine a request and would then submit a request to the High Court, so it is not going to change in that regard.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Bill 2020: Engagement with the Minister for Justice (6 Oct 2020)

Helen McEntee: I thank Senator McDowell. I may have to come back to him on some of these, if that is okay.

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