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Irish Human Rights and Equality Commission Bill 2014: Report and Final Stages (4 Jun 2014)

Frances Fitzgerald: Yes, it is very clear that "is convicted" refers to convictions now or in the future, not past convictions. That has been confirmed by the Attorney General.

Irish Human Rights and Equality Commission Bill 2014: Report and Final Stages (4 Jun 2014)

Frances Fitzgerald: I move amendment No 6:In page 18, between lines 19 and 20, to insert the following:“(5) The Director shall be the accounting officer in relation to the appropriation accounts of the Commission for the purposes of the Comptroller and Auditor General Acts 1866 to 1998.”.As indicated on Committee Stage, this amendment will enhance the perceived independence of the commission by...

Irish Human Rights and Equality Commission Bill 2014: Report and Final Stages (4 Jun 2014)

Frances Fitzgerald: The key feature of secondment, which distinguishes this concept from leave of absence or from being on a career break, is that the person seconded remains under the direction and control of the sending organisation. Section 24(6) of the Bill allows for temporary engagement by the commission of staff of other organisations but prohibits such temporary postings from being on a secondment basis...

Irish Human Rights and Equality Commission Bill 2014: Report and Final Stages (4 Jun 2014)

Frances Fitzgerald: It would weaken what is there already, which is that no secondment is allowed by the current provisions. Therefore, the clear policy decision is to separate the commission from the Government but if we accepted the amendment, it would weaken that separation.

Irish Human Rights and Equality Commission Bill 2014: Report and Final Stages (4 Jun 2014)

Frances Fitzgerald: I move amendment No. 8:In page 20, to delete lines 37 and 38 and substitute the following:“(a) comprise—(i) the key objectives and related strategies, including the use of resources of the Commission, and (ii) having had regard to subparagraph (i), the key priorities and objectives of the Chief Commissioner for his or her term of office,and”.This amendment is in response...

Irish Human Rights and Equality Commission Bill 2014: Report and Final Stages (4 Jun 2014)

Frances Fitzgerald: I should say that it is a good try. Most bodies would like that but the idea is somewhat problematic in view of what I stated regarding the Constitution earlier. In our system, money may only be voted for a public body on foot of a request from the Government. Within that constitutional imperative, the Minister for Public Expenditure and Reform’s consent is required for any...

Irish Human Rights and Equality Commission Bill 2014: Report and Final Stages (4 Jun 2014)

Frances Fitzgerald: I move amendment No. 10:In page 22, line 26, to delete "equality remuneration term" and substitute "equal remuneration term".This is to correct an error in the wording of the Bill and I hope the amendment can be agreed without discussion.

Irish Human Rights and Equality Commission Bill 2014: Report and Final Stages (4 Jun 2014)

Frances Fitzgerald: I wish to make a general point first about sections 32 to 34 and 36 to 38. These are all continuations with little substantive change of existing provisions in the Employment Equality Act 1998 and as such, they form part of our EU equality law obligations. This is so on the basis of provisions in the relevant directives that prohibit a regression in existing standards of protection. This...

Irish Human Rights and Equality Commission Bill 2014: Report and Final Stages (4 Jun 2014)

Frances Fitzgerald: I can see that the Deputy is suggesting a formal impact assessment but such a process cannot substitute effectively for the ongoing responsibility the commission or any public body would have to manage its functions effectively or for the ultimate responsibility of the Government and this House to make political choices in the allocation of resources. I do not need to speak here about the...

Irish Human Rights and Equality Commission Bill 2014: Report and Final Stages (4 Jun 2014)

Frances Fitzgerald: Section 42 places a positive duty on public bodies to have due regard to human rights and equality and reflects a commitment in the Government’s Programme for National Recovery 2011 to 2016, which states: "We will require all public bodies to take due note of equality and human rights in carrying out their functions". The commission will assist public bodies to comply with that...

Written Answers — Department of Justice and Equality: Garda Transport Data (4 Jun 2014)

Frances Fitzgerald: Decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources. Responsibility for the efficient deployment of Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations, as required by operational...

Written Answers — Department of Justice and Equality: Public Sector Staff Sick Leave (4 Jun 2014)

Frances Fitzgerald: The Minister for Public Expenditure and Reform signed the Public Service Management (Sick Leave) regulations (SI No 124 of 2014) into law on 6thMarch 2014. These regulations have been laid before the Houses of the Oireachtas. These regulations which apply generally across the public service, including An Garda Síochána, introduce a maximum of 3 months (92 days) sick leave on full...

Written Answers — Department of Justice and Equality: International Agreements (4 Jun 2014)

Frances Fitzgerald: The Council of Europe Convention on preventing and combating violence against women and domestic violence, known as the Istanbul Convention, is a detailed document with a broad scope across a number of policy areas with administrative, policy and legislative implications. The provisions of the Convention and the legislative and administrative arrangements that would be necessary to allow...

Written Answers — Department of Justice and Equality: Naturalisation Applications (4 Jun 2014)

Frances Fitzgerald: I propose to take Questions Nos. 147 and 150 together. The Irish Nationality and Citizenship Regulations 2011 set out the prescribed fees to be paid by an applicant for a certificate of naturalisation. An application fee of €175 is payable on application for a certificate of naturalisation and a fee is payable by applicants on the issue of a certificate of naturalisation. The...

Written Answers — Department of Justice and Equality: Courts Service (4 Jun 2014)

Frances Fitzgerald: As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions. In order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has stated that if the deputy in his reference to “District Court lodgements”, is referring...

Written Answers — Department of Justice and Equality: Charities Regulation (4 Jun 2014)

Frances Fitzgerald: I am pleased to inform the Deputy that the first meeting of the Charities Regulatory Authority Board took place on the 29thMay 2014. The new Authority will operate as an independent regulator for the charity sector and will be formally established on 16 October 2014 under the terms of the Charities Act of 2009. An early priority for the new Authority will be the preparation and publication...

Written Answers — Department of Justice and Equality: Peace Commissioners Appointments (4 Jun 2014)

Frances Fitzgerald: I can confirm that three hundred Peace Commissioners were appointed from 1 April, 2011 to date in 2014. The information requested will be forwarded to the Deputy shortly.

Written Answers — Department of Justice and Equality: Prison Visiting Committees Appointments (4 Jun 2014)

Frances Fitzgerald: Visiting Committee members are appointed for a period of three years by the Minister for Justice and Equality under the Prisons (Visiting Committees) Act 1925 and Prisons (Visiting Committees) Order 1925. There are fourteen Visiting Committees in existence – one for each institution. The following table sets out the 65 appointments made to Prison Visiting Committees from 1 April 2011...

Written Answers — Department of Justice and Equality: Financial Services Regulation (4 Jun 2014)

Frances Fitzgerald: I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.

Written Answers — Department of Justice and Equality: Firearms Certificates (4 Jun 2014)

Frances Fitzgerald: I have asked the Garda Commissioner for a report in relation to this matter and will write to the Deputy when I have further information.

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