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Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: It is a mere technical amendment to ensure certainty.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 13:In page 27, to delete lines 15 to 17.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 14:In page 27, after line 36, to insert the following:"Special sitting of District Court 25.(1) A member of the Garda Síochána not below the rank of sergeant may request the Courts Service to arrange a special sitting of the District Court for the purposes specified in subsection (2)—(a) where a person has informed the member that he or she wishes to...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 15:In page 28, lines 2 and 3, to delete "In an application for a safety order, a barring order, an interim barring order, an emergency barring order or a protection order," and substitute "In civil proceedings under this Act,".

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 16:In page 28, line 35, to delete “In proceedings under this Act, other than proceedings for” and substitute “In civil proceedings under this Act, other than proceedings for the making of”.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: Deputy O'Callaghan acknowledges that his amendment is somewhat unusual. I am somewhat concerned that there might be unintended consequences detrimental to victims if an offence of breaching a domestic violence order was triable on indictment and punishable by imprisonment of up to five years. There would be adverse consequences for the availability of these orders. Orders granted under the...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: Section 34 provides that the provisions of Part III of the Criminal Evidence Act 1992, which relate to the giving of evidence in criminal proceedings by television link or through an intermediary, will also apply to proceedings for an offence under section 33 of the Bill of breaching a domestic violence order. Deputies will be familiar with section 30 of the Criminal Justice (Victims of...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 18:In page 34, between lines 15 and 16, to insert the following:“(9) Where a person has been acquitted of an offence in a place other than the State, he or she shall not be proceeded against for an offence under this section consisting of the alleged act or acts constituting the first-mentioned offence. (10) Where a person has been convicted of an offence in a...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 19:In page 35, line 13, to delete “and committed”.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 20:In page 36, line 10, to delete “and committed”.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 21:In page 37, between lines 17 and 18, to insert the following: “Amendment of section 12 of Criminal Evidence Act 199245.Section 12(1) (amended by section 30 of the Criminal Justice (Victims of Crime) Act 2017) of the Criminal Evidence Act 1992 is amended in the definition of “relevant offence”—(a) by the insertion of the following paragraph...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: If the members are, I am.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I wish to comment on section 51. These sections, as members will see, are in Part 4 of the Bill which provides for replacement of the reference to the Domestic Violence Act 1996 in existing legislation with reference to the corresponding provisions in this Bill. Since this Bill was published last year, a number of Acts, for example, the Criminal Justice (Victims of Crime) Act 2017 and the...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: They refer to Part 4 of the Bill.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: In response to Deputy Clare Daly, who raised the ratification of the Istanbul Convention, as soon as this Bill is enacted, one legislative Act will be required to enable that ratification. That Act is on the matter of extraterritorial jurisdiction for certain offences. It is my intention that that Bill will be published within the next couple of months and it will follow the enactment of...

Written Answers — Department of Justice and Equality: Garda Promotions (29 Mar 2018)

Charles Flanagan: I propose to take Questions Nos. 183 and 202 together. As the Deputy will appreciate, the distribution of personnel is a matter for the Garda Commissioner and I, as Minister have no direct role in the matter. I am assured by the Commissioner that Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategies, are continually...

Written Answers — Department of Justice and Equality: Criminal Law (29 Mar 2018)

Charles Flanagan: As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continuous review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of...

Written Answers — Department of Justice and Equality: Direct Provision System (29 Mar 2018)

Charles Flanagan: Direct Provision is the commonly used term to describe the support system in Ireland whereby State services including accommodation, food, health and education are directly provided to international protection applicants through the relevant Government Department or Agency. We do not know who or how many people will arrive on our shores today or tomorrow seeking international...

Written Answers — Department of Justice and Equality: Closed-Circuit Television Systems Provision (29 Mar 2018)

Charles Flanagan: As the Deputy is aware, my Department launched a Community-based CCTV grant-aid Scheme to assist groups in the establishment of community-based CCTV systems in their local areas. There has been an increasing level of enquiries relating to the Scheme. Some 11 applications have been received to date and I understand that a number of other applications are currently being...

Written Answers — Department of Justice and Equality: Departmental Staff Training (29 Mar 2018)

Charles Flanagan: I propose to take Questions Nos. 188 and 189 together. There has been no training delivered on the use of social media in my Department and no costs have been incurred on social media training or consultancy since 2016. One member of staff in the Department's press office attended an event entitled “Campaigning for NGOs” hosted by a social media company in May 2017. Three...

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