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Written Answers — Department of Health: Health Services (7 Nov 2012)

Kathleen Lynch: The HSE has advised that the reply to Parliamentary Question No. 708 was due to issue on 6th November 2012

Written Answers — Department of Health: Home Help Service (7 Nov 2012)

Kathleen Lynch: As this is a service matter it has been referred to the Health Service Executive for direct reply.

Written Answers — Department of Health: Mobility Allowance (7 Nov 2012)

Kathleen Lynch: This matter requires further consideration by Government in order to meet the requirements of the Equal Status Acts and to ensure no hardship for those currently in receipt of the Mobility Allowance. The Department of Health is seeking further legal advice as to the options available to the Government. The Ombudsman is asking the Department to - Remove the upper age limit as a condition...

Seanad: Adjournment Matters: Community Nursing Homes (7 Nov 2012)

Kathleen Lynch: I thank the Senator for raising this issue and giving me an opportunity to update him and others who have an interest in this matter. The 2012 national service plan of the HSE which was published in January anticipated that between 555 and 898 beds would close during the course of the year. Some 492 beds had been closed by the end of September. It is not expected that the minimum...

Seanad: Adjournment Matters: Community Nursing Homes (7 Nov 2012)

Kathleen Lynch: We have had long discussions about the Abbeyleix and Shaen facilities for many months. I am sure the Senator will be aware that it is not strictly a question of the level of care provided. As he has rightly pointed out, the level of care provided is excellent. Other factors have to be taken into consideration. When I said a recommendation "is expected presently", I meant the report would...

Seanad: Adjournment Matters: Seirbhís Eitleoireachta (7 Nov 2012)

Kathleen Lynch: The Senator will appreciate that my Irish is not as proficient as his, which is very nice to listen to. The Government recognises that our islands have a precious built and natural history and a rich cultural and linguistic tradition. These are valuable assets for the island communities and the country in general. The maintenance and development of sustainable communities on the islands...

Seanad: Adjournment Matters: Seirbhís Eitleoireachta (7 Nov 2012)

Kathleen Lynch: The Senator did not offend me at all.

Seanad: Adjournment Matters: Seirbhís Eitleoireachta (7 Nov 2012)

Kathleen Lynch: I was not in the least offended as I love listening to the Irish language. I very much hear what the Senator is saying in terms of the medical service, in particular the emergency element that may be necessary from time to time, although thankfully not very often. When this is the only means of transport, it is essential, and I know people get very worried about it. The Minster of State,...

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 1: In page 3, between lines 21 and 22, to insert the following:" "data" has the same meaning as it has in the Data Protection Acts 1988 and 2003;".These amendments have been introduced to bring clarity to the meaning of "data" and "personal data" within the Bill. The Data Protection Acts 1988 and 2003 automatically apply to any processing of data within the State,...

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 2: In page 4, between lines 13 and 14, to insert the following:" "personal data" has the same meaning as it has in the Data Protection Acts 1988 and 2003;".

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 3: In page 4, line 14, after " "processing" " to insert ", in relation to data,".

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 4: In page 4, between lines 17 and 18, to insert the following subsection:"(2) A word or expression used in this Act and in the Council Decision has the same meaning in this Act as in that Decision.".This amendment proposes the inclusion of a new section 1(2) in the Bill to provide that any "word or expression" used in the Bill and the Council decision which is set out in...

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I move amendment No. 5: In page 4, subsection (1), line 20, to delete “or, in relation to a revenue offence” and substitute “and, in relation to revenue offences”.This amendment makes a minor drafting correction to section 2 which sets out the designated competent authorities within the State. As currently worded, the designated competent authority in the State is...

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I cannot accept the proposed amendment because it is not appropriate or necessary. However, we can discuss it further. The Interpol national unit is simply a unit of the Garda Síochána. Similarly, the crimes policy unit and operational support unit are units of the Garda Síochána. The staffing of any unit within the Garda Síochána is a matter for the Garda...

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I need to correct my previous references to "Interpol". I should have been referring to "Europol". There is no "indicative number". There may be times when we need additional resources and times when we do not need as many resources as the Garda Commissioner might deem necessary. It is simply a matter of operation. The operational element has to be allowed to remain in the hands of the...

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: I will speak to amendments Nos. 7 and 12. The Deputy will not be surprised to hear I cannot accept these amendments. Our obligation in transposing the EU Council decision involves transposing each and every article that is relevant from a domestic perspective. Section 5 of the Bill gives effect, in line with legal advice, to Article 7 of the Council decision. Article 7.1 provides that...

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: The problem with the amendment is that it is unnecessary. We already have a provision in the Bill that does what the amendment seeks to do. There are clear guidelines that govern how we can say "No" to certain investigations. We can refuse to comply with a request if we believe that to do so would compromise national security or compromise ongoing investigations. The amendment is unnecessary.

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: There are conditions under which we can refuse.

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: Yes. We cannot just say we will not do this. There have to be very good operational reasons for not doing so.

Select Committee on Justice, Defence and Equality: Europol Bill 2012: Committee Stage (7 Nov 2012)

Kathleen Lynch: Yes.

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