Results 7,321-7,340 of 20,459 for speaker:Frances Fitzgerald

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

Frances Fitzgerald: I will ask the courts policy section to furnish a note to the Senator on the way in which the pension regime applies in regard to various judges. I understand that what the Senator is saying is not the case and that the pension is index-linked and capped. I will get a detailed note on it.

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

Frances Fitzgerald: I agree we have been well served by our Judiciary. During our debate on this Bill in the Dáil, a number of Deputies pointed out that many people are calling for change in regard to the appointment of judges, but at the same time they say we have been well served by the judges we have had. People give out about the appointment process, but in the same breath say we have been well served...

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

Frances Fitzgerald: With regards to section 28, I wish to make the point that precedence and the order does not have anything to do with salaries. It is a well established hierarchical structure. It is interesting to note, for example, that in some legislation one will have inbuilt in the legislation a particular order in which a particular issue is dealt with. Therefore, the listing and, if one likes,...

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

Frances Fitzgerald: I wish to make the point again that the legislation is a very important milestone in modernising our courts system. I would like to take this opportunity to thank Senators from all sides of the House for ensuring the passage of this very historic Bill.

Joint Oireachtas Committee on Justice, Defence and Equality: Draft Commission of Investigation (Mr. Ronan MacLochlainn) Order 2014: Motion (16 Jul 2014)

Frances Fitzgerald: At its meeting on 1 July the Government decided that matters relating to the fatal shooting of Ronan MacLochlainn in Ashford, County Wicklow, in May 1998 were of significant public concern. It also agreed to the processes relating to the establishment of the commission as defined in the Commissions of Investigation Act 2004 on this matter, including the bringing of a resolution before the...

Joint Oireachtas Committee on Justice, Defence and Equality: Draft Commission of Investigation (Mr. Ronan MacLochlainn) Order 2014: Motion (16 Jul 2014)

Frances Fitzgerald: I understand they have been sent to the Deputy

Joint Oireachtas Committee on Justice, Defence and Equality: Draft Commission of Investigation (Mr. Ronan MacLochlainn) Order 2014: Motion (16 Jul 2014)

Frances Fitzgerald: If the Deputy would like to have further details of the incident, I can provide them.

Joint Oireachtas Committee on Justice, Defence and Equality: Draft Commission of Investigation (Mr. Ronan MacLochlainn) Order 2014: Motion (16 Jul 2014)

Frances Fitzgerald: There is a precedent and, at the end of the day, it is a Government decision.

Joint Oireachtas Committee on Justice, Defence and Equality: Draft Commission of Investigation (Mr. Ronan MacLochlainn) Order 2014: Motion (16 Jul 2014)

Frances Fitzgerald: It is a matter for the sole member to decide how to run the commission.

Joint Oireachtas Committee on Justice, Defence and Equality: Draft Commission of Investigation (Mr. Ronan MacLochlainn) Order 2014: Motion (16 Jul 2014)

Frances Fitzgerald: A civil case is outstanding.

Joint Oireachtas Committee on Justice, Defence and Equality: Draft Commission of Investigation (Mr. Ronan MacLochlainn) Order 2014: Motion (16 Jul 2014)

Frances Fitzgerald: The costs are carried in the normal course by the Attorney General and Department of Foreign Affairs. I can check the costs.

Joint Oireachtas Committee on Justice, Defence and Equality: Draft Commission of Investigation (Mr. Ronan MacLochlainn) Order 2014: Motion (16 Jul 2014)

Frances Fitzgerald: Like many commissions of investigation, the person appointed can have a point of view on that matter. There is a legal precedent for such costs being carried.

Joint Oireachtas Committee on Justice, Defence and Equality: Draft Commission of Investigation (Mr. Ronan MacLochlainn) Order 2014: Motion (16 Jul 2014)

Frances Fitzgerald: Guidelines will be developed, but the key issue is that there is a precedent for this to happen.

Joint Oireachtas Committee on Justice, Defence and Equality: Draft Commission of Investigation (Mr. Ronan MacLochlainn) Order 2014: Motion (16 Jul 2014)

Frances Fitzgerald: The background is that Ronan MacLochlainn was fatally shot by members of the Garda during an attempted armed robbery of a Securicor van in County Wicklow on 1 May 1998 and on 12 March 2010 his partner, Ms Gráinne Nic Gibb, took a case against Ireland under the European Convention on Human Rights alleging a failure on the part of the State to carry out an effective - that is the key word...

Joint Oireachtas Committee on Justice, Defence and Equality: Draft Commission of Investigation (Mr. Ronan MacLochlainn) Order 2014: Motion (16 Jul 2014)

Frances Fitzgerald: The ECHR struck out the case on the basis of the proposal made. Ms Nic Gibb was awarded €23,000 to cover pecuniary and non-pecuniary damages and expenses. The award has been paid but a civil case is outstanding. I do not have a date for it, but I can inform the committee at a later date. It has been under way for approximately three years

Joint Oireachtas Committee on Justice, Defence and Equality: Draft Commission of Investigation (Mr. Ronan MacLochlainn) Order 2014: Motion (16 Jul 2014)

Frances Fitzgerald: Yes.

Joint Oireachtas Committee on Justice, Defence and Equality: Draft Commission of Investigation (Mr. Ronan MacLochlainn) Order 2014: Motion (16 Jul 2014)

Frances Fitzgerald: Yes. I used the term "effective official investigation."

Joint Oireachtas Committee on Justice, Defence and Equality: Draft Commission of Investigation (Mr. Ronan MacLochlainn) Order 2014: Motion (16 Jul 2014)

Frances Fitzgerald: I am informed that technically Ireland had breached the convention because the investigations carried out by the Garda, the Director of Public Prosecutions and the coroner were deemed not to have met the criteria and that that was what led to the discussion. The agreement was that there would be a commission of investigation. It was agreed that it would be seen as the effective mechanism.

Joint Oireachtas Committee on Justice, Defence and Equality: Draft Commission of Investigation (Mr. Ronan MacLochlainn) Order 2014: Motion (16 Jul 2014)

Frances Fitzgerald: Yes.

Joint Oireachtas Committee on Justice, Defence and Equality: Draft Commission of Investigation (Mr. Ronan MacLochlainn) Order 2014: Motion (16 Jul 2014)

Frances Fitzgerald: What is being looked for is an effective remedy. The other word I should have used was "efficient". The European Court of Human Rights has a role in the determination of the matter when an action on behalf of a State agent has led to a fatality. The question Deputy McGrath raised will, I assume, be part of the commission of investigation. I imagine the commission will examine all the...