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Written Answers — Department of Justice and Equality: Judicial Appointments (16 Jul 2014)

Frances Fitzgerald: The Deputy will be aware that I am overseeing a consultation process on the system of judicial appointments with the intention of instituting reforms to enhance the current system. The Department received a significant amount of material earlier this year as part of the process with views ranging across a significant number of different aspects of the eligibility provisions and the...

Written Answers — Department of Justice and Equality: Prisoner Data (16 Jul 2014)

Frances Fitzgerald: In 2013, 10,596 or 85% of all committals under sentence were for sentences of 6 months or less. This category also includes those committed (8,121) as a consequence of the non-payment of a court ordered fine. A full breakdown of the number of convicted persons imprisoned for six months, for five months, for four months, for three months, for two months and for one month in 2013 is set out...

Written Answers — Department of Justice and Equality: Prisoner Data (16 Jul 2014)

Frances Fitzgerald: The Irish Prison Service calculates the average cost of an available staffed prison space and this is available on the Irish Prison Service's website www.irishprisons.ie

Written Answers — Department of Justice and Equality: Community Service Orders (16 Jul 2014)

Frances Fitzgerald: I can advise the Deputy that an examination by the Probation Service in 2013 of Community Service costs based on 2012 data showed the average cost of completion of a Community Service Order to be €1,500. In 2013, there were 2,354 Community Service Orders made, with a total of just over 352,000 hours in lieu of a custodial sentence. Based on 2013 data, the average number of hours for...

Written Answers — Department of Justice and Equality: Community Service Orders (16 Jul 2014)

Frances Fitzgerald: The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of statistics. However, in order to be of assistance to the...

Written Answers — Department of Justice and Equality: Prisoner Data (16 Jul 2014)

Frances Fitzgerald: I can advise the Deputy that detailed statistical information on the committals to prisons are contained in the Irish Prison Service Annual Report for each year. These reports are available on the Irish Prison Service website www.irishprisons.ie. In 2012, there were 12,991 committals to prison directly under sentence. When an additional 535 prisoners, who were already in custody at the start...

Written Answers — Department of Justice and Equality: Sentencing Policy (16 Jul 2014)

Frances Fitzgerald: As the Deputy will be aware the Fines (Payment and Recovery) Act 2014 was signed into law by the President on 16 April 2014. The aim of the legislation is to improve the rate of fine default and reduce to the greatest extent possible the use of imprisonment as a sanction for fine default. It provides that the Court imposing a fine shall take into account a person's financial circumstances....

Written Answers — Department of Justice and Equality: Residency Permits (16 Jul 2014)

Frances Fitzgerald: I am advised by officials in the Irish Naturalisation & Immigration Service (INIS) of my Department that the person referred to by the Deputy submitted an application for Long Term Residency in November 2012. However, as the application did not satisfy the eligibility criteria, the application was refused and the applicant was advised accordingly also in November 2012. The criteria...

Written Answers — Department of Justice and Equality: Departmental Properties (16 Jul 2014)

Frances Fitzgerald: I wish to advise the Deputy that the following properties in County Limerick are either owned or under the control of my Department. Units 3-7 The Bays, Moyross Enterprise Centre, Knocklisheen Road, Moyross, County Limerick are owned by my Department. This complex (comprising Units 1-7), houses 2 youth justice projects - Céim ar Chéim, a Young Persons Probation community project...

Written Answers — Department of Justice and Equality: Prison Visiting Committees Appointments (16 Jul 2014)

Frances Fitzgerald: I can advise the Deputy that 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. Each Visiting Committee comprises no more than six members, and only...

Written Answers — Department of Justice and Equality: Garda Misconduct Allegations (16 Jul 2014)

Frances Fitzgerald: I am establishing a mechanism for the independent review by counsel of allegations concerning the conduct of members of the Garda Síochána or inadequacies in the investigation of such allegations which have been made to the Taoiseach or the Minister for Justice and Equality. The review will consist of an examination by counsel of the papers in each case. Counsel will be asked in...

Written Answers — Department of Justice and Equality: Judicial Appointments (16 Jul 2014)

Frances Fitzgerald: Six Specialist Judges of the Circuit Court were appointed on 15 July 2013 in accordance with Part Six of the Personal Insolvency Act 2012 which provided for the amendment of the Courts Acts to create a cadre of Specialist Judges of the Circuit Court to facilitate the speedy consideration of insolvency applications by that Court. As the Deputy will recall, these judges previously served as...

Written Answers — Department of Justice and Equality: Garda Vetting of Personnel (16 Jul 2014)

Frances Fitzgerald: There are already procedures in place to provide individuals or organisations with details of data held about them by An Garda Síochána. Garda vetting is currently provided by the Garda Central Vetting Unit (GCVU) in the case of those seeking employment in Ireland with registered organisations where the employment involves substantial unsupervised access to children or vulnerable...

Written Answers — Department of Justice and Equality: Commencement of Legislation (16 Jul 2014)

Frances Fitzgerald: I wish to advise the Deputy that as Minister for Justice I have lead responsibility for a significant range of legislative functions and matters, span a very large of Acts, which cannot be easily listed in response to a Parliamentary Question, given the time and resource that would be required. The Deputy may be interested in the "Legislation Directory Entry" facility on...

Seanad: Court of Appeal Bill 2014: Second Stage (16 Jul 2014)

Frances Fitzgerald: Before I address the Bill, in accordance with Standing Order 136, I am requesting the Acting Chairman to direct that the following correction be made to the text. In section 19, page 19, line 5, the reference to section 9 should read section 10, as this is the section which inserted section 7C into the Act of 1961.

Seanad: Court of Appeal Bill 2014: Second Stage (16 Jul 2014)

Frances Fitzgerald: It gives me great pleasure to be in this Chamber to discuss the Court of Appeal Bill 2014. Members may recall that last July the House dealt with the Thirty-third Amendment of the Constitution (Court of Appeal) Bill 2013. Subsequently, on foot of the passage of that Bill, a referendum was held last October on the proposition that a court of appeal should be established. That proposition...

Seanad: Court of Appeal Bill 2014: Second Stage (16 Jul 2014)

Frances Fitzgerald: No.

Seanad: Court of Appeal Bill 2014: Second Stage (16 Jul 2014)

Frances Fitzgerald: I thank the Senators who have contributed to the debate this evening. I acknowledge the support and co-operation shown by the House in making the time available. The goal and deadline is to ensure that we establish the court of appeal in sufficient time to have it operational in the autumn. As several Senators have noted, basically we are giving effect to the decision of the people in a...

Seanad: Court of Appeal Bill 2014: Second Stage (16 Jul 2014)

Frances Fitzgerald: The vast majority. It is an important direction to head in. A number of Senators mentioned the new case management system, which is very important and will ensure a more efficient system. Senator Jillian van Turnhout referred to the importance of a Supreme Court that functions in a way that conforms to the best practice in other jurisdictions. For this to happen, the Supreme Court needs to...

Seanad: Court of Appeal Bill 2014: Committee and Remaining Stages (16 Jul 2014)

Frances Fitzgerald: I do not have the full details of the new pension scheme to hand but can give the Senator some information that I hope will deal with some of his concerns. I assure the House that the provisions in respect of judges appointed from 1 January 2013 are not more advantageous than those applying to judges who were appointed at an earlier date. For instance, the full pension benefit now accrues...

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