Results 6,961-6,980 of 20,459 for speaker:Frances Fitzgerald

Joint Oireachtas Committee on Justice, Defence and Equality: Justice and Home Affairs Council: Discussion (25 Jun 2014)

Frances Fitzgerald: Each state will make its own views known on that. It is important for Ireland - this arose at the discussion - that there be an agreement to opt in to 35 areas. We are satisfied that the 35 areas that the United Kingdom has opt in to are the critical ones for us. To ensure co-operation between the United Kingdom and Ireland, it was critical that the United Kingdom opted in to them. Many...

Joint Oireachtas Committee on Justice, Defence and Equality: Justice and Home Affairs Council: Discussion (25 Jun 2014)

Frances Fitzgerald: As I said, a recently announced change is occurring right now. A decision has been taken that when suspects are being interviewed, a solicitor can be present. Before that decision was taken, the legal advice was that it would be difficult for us to opt in to this particular proposal for the directive. Now that there has been a change, I was able to take the decision at the Council to...

Joint Oireachtas Committee on Justice, Defence and Equality: Justice and Home Affairs Council: Discussion (25 Jun 2014)

Frances Fitzgerald: The legislative basis to what we are discussing in the context of the data retention directive is the Communications (Retention of Data) Act 2011. It provides for access to relevant data by An Garda Síochána, the Defence Forces and the Revenue Commissioners. Both the directive and the Irish legislation provide for retention periods - the maximum amounts of time for which the data...

Joint Oireachtas Committee on Justice, Defence and Equality: Justice and Home Affairs Council: Discussion (25 Jun 2014)

Frances Fitzgerald: As the Deputy knows, there is a judicial oversight mechanism at the moment. Within the Garda Síochána there is decision-making at the highest management level on this type of action. Currently, serious monitoring and decision-making is in place for the very reason the Deputy outlined - to ensure a balance and that decisions that are taken are absolutely valid and are only taken...

Joint Oireachtas Committee on Justice, Defence and Equality: Justice and Home Affairs Council: Discussion (25 Jun 2014)

Frances Fitzgerald: The Deputy's point illustrates the challenge involved. He raised the issue of privacy rights and, quite rightly, there has to be a balance. Equally, one must also look at it from the victims' viewpoint or the threat to the State, and ensure the State has adequate powers to investigate crimes of the type described by the Deputy. I visited Scotland Yard last year to see the work of the...

Joint Oireachtas Committee on Justice, Defence and Equality: Justice and Home Affairs Council: Discussion (25 Jun 2014)

Frances Fitzgerald: The priorities have to go to the Council tomorrow, so there will be a discussion there. We will have to wait and see what emerges from those discussions between the Heads of State and Government on the priorities. It is part of the in-built process that those priorities go to that Council for its reaction. The last programme, called the Stockholm programme, provided a major legislative...

Joint Oireachtas Committee on Justice, Defence and Equality: Justice and Home Affairs Council: Discussion (25 Jun 2014)

Frances Fitzgerald: The Taoiseach will attend the European Council tomorrow and Friday, which will finalise the strategic guidelines. I have no doubt that many of the guidelines and areas I have mentioned will form part of the programme going forward.

Joint Oireachtas Committee on Justice, Defence and Equality: Justice and Home Affairs Council: Discussion (25 Jun 2014)

Frances Fitzgerald: The Deputy is right. The Internet was highlighted as continuing to play a very key role in shaping the new psychoactive-substances market. To provide some statistics, in 2013 the monitoring centre identified approximately 650 websites selling these substances to Europeans. One can begin to see the scale of the issue of where drugs become available on the Internet illegally. In addition,...

Joint Oireachtas Committee on Justice, Defence and Equality: Justice and Home Affairs Council: Discussion (25 Jun 2014)

Frances Fitzgerald: In that regard, the point I made is that undoubtedly there may be issues for other member states but from the point of view of our work and the areas that the United Kingdom has opted back into, we are satisfied that these cover the most important issues. From that point of view, the 35 that they have opted back into - I gave an indication of the list which I can give the Senator if she...

Joint Oireachtas Committee on Justice, Defence and Equality: Justice and Home Affairs Council: Discussion (25 Jun 2014)

Frances Fitzgerald: Yes, 1 December. The really critical issue is to ensure that there is no gap in terms of the legality of the situation so that operational matters can continue as they are. We are satisfied at the moment. They are not opting back into the Prüm treaty and they will look at that again after 1 December. This deals with an area that is very important. In respect of our recent DNA...

Joint Oireachtas Committee on Justice, Defence and Equality: Justice and Home Affairs Council: Discussion (25 Jun 2014)

Frances Fitzgerald: As Senator Bacik said, there was a very strong and robust debate about this with the vast majority of member states adopting quite a different position from that of the Commission and a feeling that they were moving ahead with a model that really did not suit many member states. The collegiate model was the one that should be applied. We could not opt in until after the decision anyway. We...

Joint Oireachtas Committee on Justice, Defence and Equality: Justice and Home Affairs Council: Discussion (25 Jun 2014)

Frances Fitzgerald: Yes, it did come in to give effect to the directive. Obviously, it is Irish law. In the absence of the High Court saying anything, the legal advice is that it does stand but I take the point the Senator is making.

Joint Oireachtas Committee on Justice, Defence and Equality: Justice and Home Affairs Council: Discussion (25 Jun 2014)

Frances Fitzgerald: I take the point Senator Zappone is making. One could also say that we have put elements and sections that address that issue into the legislation. That is precisely the argument that will be decided by the courts. I will be in a better position to deal with those issues once the Attorney General and the Department have concluded their examination of the legislation keeping in mind the...

Joint Oireachtas Committee on Justice, Defence and Equality: Justice and Home Affairs Council: Discussion (25 Jun 2014)

Frances Fitzgerald: I agree with Senator Zappone. The former Minister, Deputy Shatter, took a very proactive role in respect of justice and home affairs issues and initiated work in a number of areas. Certainly that was commented on and there was a very positive reaction to the Irish Presidency.

Written Answers — Department of Justice and Equality: Employment Rights (26 Jun 2014)

Frances Fitzgerald: Regulation of working conditions is a matter for my colleague, the Minister for Jobs, Enterprise and Innovation. In this regard I understand that that there is no legal definition of an “au pair” in Irish legislation but that the State's body of employment rights legislation protects all employees who are legally employed on an employer-employee basis, regardless of what title...

Written Answers — Department of Justice and Equality: Missing Persons Data (26 Jun 2014)

Frances Fitzgerald: I wish to inform the Deputy that my Department does not hold any lists or details of persons who may have disappeared in Kerry between 1919 to 1923.

Written Answers — Department of Justice and Equality: Prisoner Complaints Procedures (26 Jun 2014)

Frances Fitzgerald: I have asked the Director General of the Irish Prison Service to review the files of the person referred to and report back to me as soon as possible. I will provide a more detailed reply to the Deputy as soon as I have received the Director General's report.

Written Answers — Department of Justice and Equality: Immigration Controls (26 Jun 2014)

Frances Fitzgerald: I propose to take Questions Nos. 180 and 181 together. The terms and conditions for immigration in Ireland including financial requirements depend on the length and purpose of the person's intended residence and the category of immigration status. The general principle is that a person coming here should not be a burden on the State and should accordingly have sufficient funds to maintain...

Written Answers — Department of Justice and Equality: Residency Permits (26 Jun 2014)

Frances Fitzgerald: The question of residency status or entitlement to naturalisation does not arise at this time in the case of the person whose details were supplied. As the Deputy is aware, if the person has made an application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they remain in the protection process.

Written Answers — Department of Justice and Equality: Residency Permits (26 Jun 2014)

Frances Fitzgerald: The question of residency status or entitlement to naturalisation does not arise at this time in the case of the person whose details were supplied. As the Deputy is aware, if the person has made an application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they remain in the protection process.