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Select Committee on Justice and Equality: Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: Committee Stage (14 Nov 2023)

Helen McEntee: I will speak to the first two amendments separately and then amendments Nos. 16 and 17 together. I cannot accept amendment No. 14 because it would create a right to accommodation and nobody has an absolute right to accommodation. That is perhaps a separate discussion that is happening. What we can provide is assistance and for that reason, I accept amendment No. 15 because what we are...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: Committee Stage (14 Nov 2023)

Helen McEntee: Yes, it is agreed to.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: Committee Stage (14 Nov 2023)

Helen McEntee: No, they automatically receive the 60 days whether they are engaged with An Garda Síochána or not, to give them that time.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: Committee Stage (14 Nov 2023)

Helen McEntee: If a person is found to not be a victim of trafficking, that potentially has consequences for the individual. If he or she goes through a process and are found to be, or there is a-----

Select Committee on Justice and Equality: Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: Committee Stage (14 Nov 2023)

Helen McEntee: Yes, this is where the committee comes in then in terms of the national referral mechanism. Where the committee identifies a person as a victim, that then allows them the opportunity to potentially extend that period. A national referral mechanism will be on a statuary footing and there will be a specific committee, which will encompass An Garda Síochána, State agencies and the...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: Committee Stage (14 Nov 2023)

Helen McEntee: I do not have data on that here.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: Committee Stage (14 Nov 2023)

Helen McEntee: We would know on that basis. In cases where someone has come forward and claimed to be a victim of trafficking, I am not sure anyone has ever been deported. I can clarify that for the Deputy but my understanding is that very few, if any, have been deported.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: Committee Stage (14 Nov 2023)

Helen McEntee: The DPP is independent in her functions. This amendment would provide a statutory defence for a person where that person has committed an offence that is not within the dominion of the Bail Act 1997, so where it is not rape or murder but an offence for which the penalty is anything under five years. It could potentially be assault or some form of theft. It would automatically provide that...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: Committee Stage (14 Nov 2023)

Helen McEntee: I move amendment No. 21: In page 5, line 6, to delete “to amend the law relating to rape;”.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: Committee Stage (14 Nov 2023)

Helen McEntee: I move amendment No. 22: In page 5, line 10, to delete “and” where it firstly occurs.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: Committee Stage (14 Nov 2023)

Helen McEntee: I move amendment No. 23: In page 5, line 11, after “enactments;” to insert “to repeal certain provisions of the Criminal Law (Sexual Offences) Act 2006 and the Criminal Law (Sexual Offences) Act 2017; to provide for the retrospective application of certain of these repeals in certain circumstances;”.

Written Answers — Department of Justice and Equality: An Garda Síochána (15 Nov 2023)

Helen McEntee: The Deputy will appreciate that under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the administration and business of An Garda Síochána as well as the efficient use of resources. This includes responsibility for decisions on the allocation of Garda resources across the Divisions, in light of identified operational demands. As Minister, I have no...

Written Answers — Department of Justice and Equality: Prison Service (15 Nov 2023)

Helen McEntee: Officials within my Department and the Irish Prisons Service are continuously working together to identify short, medium and longer term proposals to help manage capacity issues in our prisons as they arise. While focused on rehabilitation and reducing offending, we also need to continue to invest in our prison estate, to ensure that it is modern and fit for purpose and that it has the...

Written Answers — Department of Justice and Equality: Courts Staff (15 Nov 2023)

Helen McEntee: Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. The Courts Service Act 1998 sets out the nature of the relationship between the Courts Service and the County Registrar. The post of County Registrar is a statutory officer appointed by the Government, with a number of...

Written Answers — Department of Justice and Equality: Prison Service (15 Nov 2023)

Helen McEntee: Further to my reply to your Parliamentary Question No. 599 of 1 March 2022, requesting the number of days educational programmes were prevented from happening due to staff shortages, please see the updated figures up to 31 August 2023 below. Full day prison school closures due to Officer Shortages in 2020, 2021, 2022 and to 31 August 2023 Prison Full Day Closures 2020...

Written Answers — Department of Justice and Equality: Visa Agreements (15 Nov 2023)

Helen McEntee: The visa applications referred to by the Deputy were refused by the Visa Office in Dublin. The reasons for these decisions were set out in the refusal letters sent to the applicants on 24 January 2023. Appeals of these decisions were received on 8 March 2023. All visa applicants are advised that the onus is on them to provide as much information in support of their application as they feel is...

Written Answers — Department of Justice and Equality: Wards of Court (15 Nov 2023)

Helen McEntee: The Ward of Courts system is administered through the Courts. Management of the courts, operational matters and logistical functions are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998 and given the separation of powers in the Constitution. The Courts Service has a dedicated email address for the...

Written Answers — Department of Justice and Equality: An Garda Síochána (15 Nov 2023)

Helen McEntee: As the Deputy may be aware, the primary legislation dealing with noise pollution is the Environmental Protection Agency Act 1992. The Act designates the Environmental Protection Agency (EPA) as the primary body responsible for regulation of noise pollution. The EPA is also the sole designated prosecuting authority for offences under the Act. Any review of the existing legislation to provide...

Written Answers — Department of Justice and Equality: Family Law Cases (15 Nov 2023)

Helen McEntee: The Government is committed to delivering an ambitious programme of family justice reform, including the publication of the Family Justice Strategy and the Family Courts Bill 2022. The Strategy puts children at the centre of the system, and emphasises, amongst other things, the need to ensure they are listened to and heard and their views given due regard, in line with constitutional...

Written Answers — Department of Justice and Equality: Deportation Orders (16 Nov 2023)

Helen McEntee: I can advise the Deputy that deportation and removal processes are an essential part of any immigration system. It must be acknowledged that those who do not have a legal right to remain in this country must remove themselves from the State. A person subject to a deportation order has no legal basis to remain in the State. Their case to remain in the State has been considered in detail and...

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