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Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Alan Kelly: We have made it clear from the start that this legislation is aimed at the person who has made a mistake, perhaps in his or her youth, and now wants to get on with life. We all know of such stories. It is clear this is not a charter for criminality and a line must be drawn somewhere. The line drawn is as per the two-conviction limit and is based on the premise that people deserve a second...

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Alan Kelly: Section 2(4), which was inserted in the Seanad, provides for where a person gets more than one conviction in respect of one incident, then it can be treated as one order of conviction. In the case study the Deputy just outlined, Conor will be covered by the legislation.

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Alan Kelly: It means with a spent conviction, they can apply for employment they may not have previously considered. It also gives people a second chance. We all know of cases whereby people have done foolish and silly things when they were young. Within certain conditions, this will give them a clean slate and allow them to operate like everyone else. There are certain provisions which exempt such...

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Alan Kelly: Yes.

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Alan Kelly: There are different arrangements with different jurisdictions. In the majority of cases, one has to divulge that information. By and large, it depends on what the jurisdiction considers.

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Alan Kelly: I know what the Deputy is referring to but it is a difficult area as one is dealing with how other states would manage this. Unless states have reciprocal arrangements for the recognition of spent convictions, they do not recognise each other's. This is for the good reason that penal systems vary greatly across the world. What may merit a lenient sentence in one country may merit a harsh...

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Alan Kelly: Some form of arrangement will be worked on but it will be very much after the legislation is enacted. The Department will work with jurisdictions which have similar sentencing regimes. This will bring Ireland up to that level which we all appreciate.

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Alan Kelly: Again, I know what the Deputy is referring to but I believe his amendment is unnecessary. The Bill already contains several safeguards regarding requests for information. In the first instance under section 5, a person cannot be required to disclose a spent conviction or the circumstances ancillary thereto. Section 5(2) states when a person is asked about a previous conviction, he or she...

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Alan Kelly: Amendments Nos. 15 and 16 are designed to reduce the rehabilitation period for fines from two years to one year for a fine of €5,000 or less, or, for a fine of more than €5,000, from three years to two years. This is a matter of judgment, similar to many other parts of the Bill, and it may need to be reviewed in years to come. At this point we will not be accepting the...

Select Committee on Justice, Defence and Equality: Criminal Justice (Spent Convictions) Bill 2012: Committee Stage (20 Mar 2013)

Alan Kelly: I am aware that some of that work is quite good. It is important to bear in mind that a good deal of this comes down to judgment. We will have to review this in the future based on the empirical data that will arise a as result of the analysis carried out over several years. We will learn from that. There is political coming together on the issue and it is the common-sense thing to do....

Topical Issue Debate: Driving Licence Issues (26 Mar 2013)

Alan Kelly: I welcome the opportunity to address this matter, which I am taking on behalf of my colleague, the Minister for Transport, Tourism and Sport, Deputy Varadkar. Many Deputies have raised questions regarding photo capture under the new national driver licensing service run by the Road Safety Authority. This is a good opportunity to address the detail of the matter. The factual basis of what...

Topical Issue Debate: Driving Licence Issues (26 Mar 2013)

Alan Kelly: I do not doubt the Deputy's sincerity in raising the issue. Unfortunately, in some cases where modernisation happens, disintermediation occurs in various sectors, of which this is a small example. The RSA which is conducting this process has its own good reasons, from a technological point of view, for wanting to deal with photographs in this way. I will not second-guess it, but I will...

Written Answers — Department of Transport, Tourism and Sport: Taxi Regulations (26 Mar 2013)

Alan Kelly: The regulation of the small public service vehicle (SPSV) industry, including vehicle standards, is a matter for the NTA under the Public Transport Regulation Act, 2009.  I answered a similar Question on the 12th of March relating to the person in question. I am informed by the NTA that it communicated a response on the 19th of March directly to the Deputy who...

Written Answers — Department of Transport, Tourism and Sport: Public Transport (26 Mar 2013)

Alan Kelly: The National Transport Authority (NTA) has responsibility to develop, procure, implement, operate and maintain the integrated ticketing Leap card system in the Greater Dublin Area (GDA). In addition, the Authority’s remit in relation to integrated ticketing has been extended to the rest of the State. I understand that the NTA and the Department of Social Protection...

Written Answers — Department of Transport, Tourism and Sport: Rural Transport Services Provision (26 Mar 2013)

Alan Kelly: Since 1st April 2012, responsibility for managing the Rural Transport Programme (RTP) has been assigned to the National Transport Authority (NTA) as part of new arrangements for integrated local and rural transport approved by the Government in January 2012. The RTP is managed by Pobal in conjunction with the NTA as part of the Programme transition. Thirty-five groups covering...

Ceisteanna - Questions - Priority Questions: Railway Safety Issues (27 Mar 2013)

Alan Kelly: This question relates to manual road crossings on the rail network. As has previously been outlined to the Deputy, matters relating to upgrading works at individual level crossings on the rail network are operational day-to-day matters for Iarnród Éireann. My Department is fully aware of the importance of railway safety and continues to provide...

Ceisteanna - Questions - Priority Questions: Railway Safety Issues (27 Mar 2013)

Alan Kelly: There is merit in what the Deputy says about level crossings. When I took up my role in the Department, one thing that struck me straightaway was the volume of funding going towards railway safety measures. A substantial amount, €1.9 billion, has been invested since 1999. There is probably just cause to say priority should have been given to particular crossings during the years. I...

Ceisteanna - Questions - Priority Questions: Railway Safety Issues (27 Mar 2013)

Alan Kelly: The work is ongoing and we meet the NTA to discuss this crucial issue. The Deputy is aware that a serious volume of work has been done on heavily used lines. Speeds and journey times have improved considerably in recent months. The work will continue and we will ensure that where work is necessary from both an efficiency and a safety point of view, it will be prioritised.

Ceisteanna - Questions - Priority Questions: State Bodies Expenditure (27 Mar 2013)

Alan Kelly: Both the Minister, Deputy Leo Varadkar, and I, with the Department, are in regular contact with CIE and its subsidiaries on the current and future financial situation of the group. The Department, supported by NewERA, has engaged extensively with CIE on its financial and business planning. CIE's draft annual report and financial statements for 2012...

Ceisteanna - Questions - Priority Questions: State Bodies Expenditure (27 Mar 2013)

Alan Kelly: I thank the Deputy for his questions. He raised a couple of specific issues. The accounts were late this year because the board would not sign off on them until many of its questions had been answered from an auditing point of view. I think that is rigorous. As the Deputy is aware, there have been many changes at board level in CIE and its subsidiaries. He also asked about the issue of...

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