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Criminal Prosecutions (13 Mar 2012)

Alan Shatter: The Deputy cannot have it every which way. He cannot want to bring an end to the violence continuing to be perpetrated in Northern Ireland, particularly by recalcitrant terrorists, and bring an end to gun crime as engaged in by organised crime in the Republic. The Deputy cannot want all of that and at the same time want to repeal the Offences Against the State Act because it is part of the...

Magdalene Laundries (13 Mar 2012)

Alan Shatter: The Government considered the circumstances of women and girls who resided in the laundries at its meeting on 14 June 2011 and decided that it was essential as a first step to fully establish the true facts and circumstances relating to the Magdalene laundries. A number of actions were agreed. This included the setting up of an inter-departmental committee to establish the facts of State...

Magdalene Laundries (13 Mar 2012)

Alan Shatter: I remind the Deputy that in November 2010 the Irish Human Rights Commission in its assessment of human rights issues arising in regard to the Magdalene Laundries stated: ... a statutory mechanism be established to investigate the matters advanced by the JFM, Justice For Magdalenes, and in appropriate cases to grant redress where warranted. Such a mechanism should first examine the extent of...

Magdalene Laundries (13 Mar 2012)

Alan Shatter: I am not going to prejudge what is in the report.

Magdalene Laundries (13 Mar 2012)

Alan Shatter: The reason that work is being done is so that there is a full and accurate narrative which people can rely on as being truthful and correct. The issues the Deputy raises are not issues directly derived from the conduct of the State. There are particular issues in the context of the religious orders. A number of women who entered Magdalene laundries and remained there throughout their lives...

Proposed Legislation (13 Mar 2012)

Alan Shatter: Under our criminal law, it is an offence, inter alia, to use words, to publish or distribute written material, or to broadcast any visual images or sounds that are threatening, abusive or insulting and are intended or, having regard to all the circumstances, are likely to stir up hatred. The word "hatred" is defined as "hatred against a group of persons in the State or elsewhere on account...

Proposed Legislation (13 Mar 2012)

Alan Shatter: The Deputy is correct that judges have discretion but, in determining sentencing with regard to any crime once there is a conviction, a judge should take into account the overall background circumstances. Certainly, where there are aggravating circumstances, be they related to a racist motive, incitement to hatred or other matters, one would expect the Judiciary to take them into account....

Proposed Legislation (13 Mar 2012)

Alan Shatter: The response was based on the appropriate response for the Government to make in consultation with various Departments. I want to make it absolutely clear that there is no acceptance of racism, nor should there be, by any of us in this State, the Government or on the Opposition side. We do not want racism in our country and neither do we want people engaging in it. The very essence of the...

Proposed Legislation (13 Mar 2012)

Alan Shatter: Other legislation can be utilised, for example, as detailed in the reply, in circumstances of assault. There will be no tolerance of racism. Both the Minister of State, Deputy Kathleen Lynch, and I will continue to do what we can do within our remit to ensure racism, so far as it can be stamped out, is stamped out. Other Departments and various civil society bodies have an important role to...

Proposed Legislation (13 Mar 2012)

Alan Shatter: The working group on a court of appeal recommended in 2008 that a court of appeal be established by way of constitutional amendment. While the Court of Criminal Appeal has existed under legislation since 1961, the group strongly recommended a combined appellate court, encompassing both criminal and civil cases, should be established under the Constitution. There is a commitment in the...

Proposed Legislation (13 Mar 2012)

Alan Shatter: Today, the Government made decisions regarding appointments to the Circuit and District Courts. There were seven vacancies based on retirements and the untimely death of a member of the District Court some months ago. There were seven appointments made today to the Circuit Court to fill all vacancies therein. There were five appointments made today to fill five vacancies in the District...

Garda Operations (13 Mar 2012)

Alan Shatter: I apologise. Occasionally, the humour of something gets to me. I did not realise that Deputy Ó Cuív had a particular interest in the Garda mounted unit. I congratulate Deputy Calleary on nominating this question on his behalf. I have a vision of Deputy Ó Cuív riding into the twilight carrying a piece of turf on his shoulder. The allocation of Garda financial resources, including for...

Garda Operations (13 Mar 2012)

Alan Shatter: As the Deputy will be aware, many of the services the Defence Forces and the Garda provided in years gone by did not involve policing matters. They were not required for security or investigative reasons. The services were often provided at the request of communities in circumstances where the State was not in major financial difficulty. In respect of certain events where communities...

Garda Operations (13 Mar 2012)

Alan Shatter: As I do not want to mislead the House or the Deputy, I will revert to the Deputy on the question. I assume it is something that is determined at the higher levels of An Garda Síochána with regard to the particular event that arises. I will communicate with the Deputy on the matter. I do not want to give him an inaccurate reply.

Proposed Legislation (13 Mar 2012)

Alan Shatter: Legislation providing for same-sex marriage cannot be enacted without an amendment to the Constitution following a "Yes" vote in a referendum on the matter. This is something of which I have no doubt the Deputy is aware because it was for this very reason that my predecessor, Dermot Ahern, introduced legislation to provide for civil partnership. In this regard, the programme for Government...

Proposed Legislation (13 Mar 2012)

Alan Shatter: As the Deputy rightly said, the arrangements relating to the convention are being dealt with through the Office of the Taoiseach. When we discussed these matters last in Cabinet, the decision was made that there would be a consultative process with the Opposition leaders. I am not up to date on where that stands at present. I presume the issues the Deputy has raised will form part of the...

Asylum Support Services (13 Mar 2012)

Alan Shatter: I propose to take Questions Nos. 68 and 69 together. I am satisfied that the system of direct provision system and dispersal, which was established in 1999, is in compliance with human rights obligations placed on the State by domestic and international law. I do not believe an audit as suggested in the question is warranted. Over the years, the direct provision system has been open to...

Asylum Support Services (13 Mar 2012)

Alan Shatter: The Deputy and I agree that the current system does not work well in the sense that when someone seeks to be granted political asylum, an initial decision is made as part of an appellate system which people are entitled to appeal. Then a series of further applications can be made. This draws out something that should produce a decision within a six month period. However, in most cases it...

Asylum Support Services (13 Mar 2012)

Alan Shatter: I do not have the answer to that. The Deputy should remember that in the context of processing applications the duration people stay in direct provision and the difficulties they experience are not solely the issue of the legislation. An extraordinary number of applications are made by way of judicial review to the High Court when applications are turned down. Then, rather than my...

Asylum Support Services (13 Mar 2012)

Alan Shatter: -----comprehensive legislation which allows decisions to be made on all aspects of the issues that arise and that by developing a single decision making process matters will be dealt with more speedily. If this becomes the case, people will not be in direct provision for as long. An interesting issue arises once the new legislation is enacted in respect of whether there should be some...

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