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Written Answers — Deportation Orders: Deportation Orders (23 Jun 2009)

Dermot Ahern: The person concerned applied for asylum on 20 July 2006. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 21 May 2009, that the Minister...

Written Answers — Deportation Orders: Deportation Orders (23 Jun 2009)

Dermot Ahern: The person concerned applied for asylum on 17 April 2007. His application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 9 February 2009, that the Minister...

Written Answers — Garda Deployment: Garda Deployment (23 Jun 2009)

Dermot Ahern: I am informed by the Garda authorities that the location referred to is in Clontarf Sub-District. Local Garda management is aware of difficulties being experienced by residents in this area as a result of anti-social behaviour, and the area has been designated a public order hot-spot and responsive plans put in place. I am also informed that there has been a decrease in the last two months...

Written Answers — Citizenship Applications: Citizenship Applications (23 Jun 2009)

Dermot Ahern: An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in March 2008. This application was considered under the provisions of the Irish Nationality and Citizenship Act, 1956, as amended, and I decided not to grant a certificate of naturalisation. A copy of the submission on the matter,...

Written Answers — Citizenship Applications: Citizenship Applications (23 Jun 2009)

Dermot Ahern: The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. These conditions are that the applicant must: be of full age; be of good character; have had a period of one year's continuous residency in the State immediately...

Written Answers — Citizenship Applications: Citizenship Applications (23 Jun 2009)

Dermot Ahern: The Irish Nationality and Citizenship Act, 1956, as amended, provides that the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation. Applications for naturalisation are generally dealt with in chronological order as this is deemed to be the fairest to all applicants. Applications from foreign nationals working as doctors in public hospitals are...

Written Answers — Proposed Legislation: Proposed Legislation (23 Jun 2009)

Dermot Ahern: The Second Interim Report of the Joint Oireachtas Committee on the Constitutional Amendment on Children is being examined in my Department with a view to Government approval being sought for a particular course of action. One of the recommendations of the Committee is that it should be an offence for adult persons in authority to engage in sexual acts with children under 18 years of age. The...

Seanad: Multi-Unit Developments Bill 2009: Second Stage (23 Jun 2009)

Dermot Ahern: I am pleased to take this opportunity to introduce the Multi-Unit Developments Bill 2009 in this House and I look forward to the discussion of its provisions. I thank the Law Reform Commission for its work in this area and, in particular, for its report and reform recommendations. The National Consumer Agency has taken a keen interest in this area and has engaged with many of the relevant...

Leaders' Questions (24 Jun 2009)

Dermot Ahern: That is a political football.

Leaders' Questions (24 Jun 2009)

Dermot Ahern: It is a political football.

Criminal Justice (Surveillance) Bill 2009: Order for Report Stage (24 Jun 2009)

Dermot Ahern: I move: "That Report Stage be taken now."

Criminal Justice (Surveillance) Bill 2009: Report and Final Stages (24 Jun 2009)

Dermot Ahern: I move amendment No. 1: In page 3, between lines 15 and 16, to insert the following: ""Act of 1993" means the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993;". These are technical amendments that define "Act of 1993" in the interpretation section of the Bill as the "Interception of Postal Packets and Telecommunications (Regulation) Act 1993" and provides...

Criminal Justice (Surveillance) Bill 2009: Report and Final Stages (24 Jun 2009)

Dermot Ahern: The import of the legislation is not to interfere in the regular day-to-day surveillance that is the norm of policing. The focus of the amendment is surveillance with the aid of electronic surveillance devices. What the Deputies are proposing, in effect, is that the normal type of surveillance would also be included. That would result in utter confusion from a Garda point of view as to...

Criminal Justice (Surveillance) Bill 2009: Report and Final Stages (24 Jun 2009)

Dermot Ahern: Amendment No. 3 refers to using officers to monitor the movements, activities and communications of a subject in a targeted, ongoing and repeated way. If one were to allow that, in effect, one is extending the definition of surveillance and, therefore, extending the necessity for an authorisation to be gained from a judge in order to allow officers to monitor the movements, activities and...

Criminal Justice (Surveillance) Bill 2009: Report and Final Stages (24 Jun 2009)

Dermot Ahern: The Bill defines surveillance as monitoring, observing, listening to or making a recording of persons, places or things by or with the assistance of surveillance devices. The reason "tracking device" is defined separately is because it involves a different type of surveillance. A tracking device is used only for the purpose of providing information on the location of a person, vehicle or...

Criminal Justice (Surveillance) Bill 2009: Report Stage (Resumed) (24 Jun 2009)

Dermot Ahern: Deputy Rabbitte said the views I expressed on the report of the Morris tribunal were a diversionary tactic. I do not accept that. I was referring to a substantial part of the report which criticised the way Members handled complaints. It is difficult for Members but I was merely responding to the report which was significant in respect of how the investigation took place. Some Members...

Criminal Justice (Surveillance) Bill 2009: Report Stage (Resumed) (24 Jun 2009)

Dermot Ahern: The amendments relate to the extension of powers and the proposal is to extend them to the GSOC. The reason the Revenue Commissioners and the Defence Forces are included is in the fight against drug crime, in particular, the Garda, the Naval Service and the Revenue Commissioners through its customs and excise division operate together on a multi-agency basis. Under its legislation, the...

Criminal Justice (Surveillance) Bill 2009: Report Stage (Resumed) (24 Jun 2009)

Dermot Ahern: I move amendment No. 7: In page 5, between lines 22 and 23, to insert the following: "(3) An authorisation or approval under this Act may not be issued or granted in respect of an activity that would constitute an interception within the meaning of the Act of 1993.". This amendment makes clear that an authorisation or approval under this Act may not be given in respect of an activity that...

Criminal Justice (Surveillance) Bill 2009: Report Stage (Resumed) (24 Jun 2009)

Dermot Ahern: I could not accept the amendment in any shape or form. The Deputy is trying to remove any reference to "the security of the State" right across the Bill, whether it is in regard to authorisation for surveillance under section 4, for the granting of an approval under section 7, as a reason not to publish matters contained in a report under section 12 or with regard to disclosure of...

Criminal Justice (Surveillance) Bill 2009: Report Stage (Resumed) (24 Jun 2009)

Dermot Ahern: I move amendment No. 12: In page 6, to delete lines 44 and 45 and substitute the following: 5.—(1) An application under section 4 for an authorisation and under section 6 for a variation or renewal of an authorisation— (a) shall be made ex parte and shall be heard otherwise than in public, and (b) may be made to a judge assigned to any district court district. I indicated on Committee...

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