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Written Answers — Department of Justice and Equality: Drugs Crime (17 Jun 2015)

Frances Fitzgerald: I propose to take Questions Nos. 139 to 143, inclusive, together. I am of course aware of the issues raised in the media reports referred to by the Deputy and I am sure the Deputy would concur that the issues involved are not simply policing ones. In relation to specific Garda responses I can assure the Deputy that I am in ongoing contact with the Garda Commissioner in relation to the...

Written Answers — Department of Justice and Equality: Garda Stations (17 Jun 2015)

Frances Fitzgerald: The formulation of proposals in relation to the opening and closing of Garda stations is a matter, in the first instance, for the Garda Commissioner in the context of annual policing plans, as provided for in section 22 of the Garda Síochána Act 2005. An Garda Síochána completed a comprehensive review of its district and station network in 2012 and 2013. The objective...

Written Answers — Department of Justice and Equality: Legislative Measures (17 Jun 2015)

Frances Fitzgerald: The Deputy will be aware that the Government agreed last September to hold a referendum on removing the offence of blasphemy from the Constitution, in response to the 6th Report of the Convention on the Constitution. The work necessary to prepare a Referendum Bill and a Bill to amend the current legislative provision for the offence of blasphemy is ongoing in my Department. An appropriate...

Seanad: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (17 Jun 2015)

Frances Fitzgerald: Amendments Nos. 1 and 2 have been proposed by the Office of the Attorney General for inclusion in the Bill in order to make it clear in statute what is, in practice, a constitutional protection. The amendments provide that a statement or admission made by a person pursuant to a direction during an inquiry under section 12 and proposed section 13A of the principal Act, in relation to a...

Seanad: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (17 Jun 2015)

Frances Fitzgerald: The purpose of this amendment, which is essentially technical in nature, is to reflect more accurately the role undertaken by the Garda Síochána audit committee, the functions of which are dealt with under section 45 of the principal Act. In practice, the committee provides advice to the Garda Commissioner on governance matters in addition to financial matters. The amendment...

Seanad: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (17 Jun 2015)

Frances Fitzgerald: The principal purpose of amendments Nos. 6, 10, 11, 19 and 20, which are purely technical and have been provided by the Office of the Parliamentary Counsel, is to insert the correct collective citation for the Tribunals of Inquiry (Evidence) Acts into the principal Act. The amendments also give effect to some grammatical changes which do not alter the substance of the relevant provisions....

Seanad: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (17 Jun 2015)

Frances Fitzgerald: These are technical amendments to take account of the recent enactment of the Companies Act 2014 and to update the reference to the Companies Act at proposed section 62F of the principal Act, which is being inserted under section 44 of the Bill.

Seanad: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (17 Jun 2015)

Frances Fitzgerald: This amendment is being tabled on foot of a request from the chairperson designate of the authority and changes the requirement for public meetings with the Garda Commissioner to no fewer than four per annum. The current text requires the authority to hold no fewer than one public meeting with the Garda Commissioner in each period of three months in each year. The chairperson designate has...

Seanad: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (17 Jun 2015)

Frances Fitzgerald: Amendment No. 12 is intended to provide clarity as to the position of the chief executive officer of the authority. On foot of the amendment, he or she will be a civil servant of the State, not the Minister. This is in line with the arrangements that have been put in place for the chief executive officers of other State agencies. Instead of being contracted, this amendment clarifies that...

Seanad: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (17 Jun 2015)

Frances Fitzgerald: These amendments will bring the authority within the scope of the Comptroller and Auditor General (Amendment) Act 1993. In that context, they have been cleared with the Office of the Comptroller and Auditor General. The effect of the amendments is that, in practice, the authority will be subject to the same requirements as a Department in terms of the preparation of and accountability for...

Seanad: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (17 Jun 2015)

Frances Fitzgerald: The purpose of this amendment is to amend sections 90(1) and 90(7) of the principal Act to require that the Garda Commissioner be consulted on any revision of the guidelines relating to mediation or informal resolution of complaints that have been issued in accordance with section 90(1). Currently, section 90 does not make any provision for consultation with the Commissioner in respect of...

Seanad: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (17 Jun 2015)

Frances Fitzgerald: The purpose of this amendment is to amend proposed section 117A of the principal Act to make it clear that the authority will be able to monitor and assess measures taken by the Garda Síochána in respect of any Garda Síochána Inspectorate recommendation. While this function could be taken to fall within the general supervisory remit of the authority, I have decided that...

Seanad: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (17 Jun 2015)

Frances Fitzgerald: May I comment, please?

Seanad: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (17 Jun 2015)

Frances Fitzgerald: I wish to inform the House that I will bring forward a limited number of amendments which will repeal existing legislation relating to the Garda Síochána and make some technical amendments to sections 8, 9 and 44 of the Bill, in particular.

Topical Issue Debate: Garda Síochána Ombudsman Commission (18 Jun 2015)

Frances Fitzgerald: GSOC was established as a statutory independent body under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of An Garda Síochána. It commenced operations on 9 May 2007, as Deputy Daly will be aware. The Garda Síochána Act stipulates that GSOC is independent in the exercise of its functions and I, as Minister, have...

Topical Issue Debate: Garda Síochána Ombudsman Commission (18 Jun 2015)

Frances Fitzgerald: The Deputy has raised a number of elements of policing and GSOC's work. She has commented on the role of the representative organisations and their comments on GSOC. She has also commented on the effectiveness of GSOC and its resources and now introduced another comment on a different issue. Extra resources have been given. Obviously, we are emerging from a very difficult economic...

Written Answers — Department of Justice and Equality: Prison Medical Service (18 Jun 2015)

Frances Fitzgerald: I am advised by the Irish Prison Service that it works in partnership with the Health Service Executive and the National Forensic Mental Health Services to ensure the appropriate provision of Psychiatric services to those in custody with mental health needs in all closed prisons. The Irish Prison Service has confirmed that In-Reach mental health services are available in all Dublin...

Written Answers — Department of Justice and Equality: Road Traffic Legislation (18 Jun 2015)

Frances Fitzgerald: The Deputy will appreciate that it would not be appropriate for me to offer an interpretation of the law, and that the legislation in question comes under the responsibility of my colleague, the Minister for Transport, Tourism and Sport. To be of assistance, I would draw the Deputy's attention to section 8 of the Road Traffic Act, 2010, as amended, which sets out the arrangements which apply...

Written Answers — Department of Justice and Equality: Prison Regulations (18 Jun 2015)

Frances Fitzgerald: I am advised by the Irish Prison Service that the issuing of property including authorised and prohibited articles is Governed by Rules 8 and 9 of the Prison Rules 2007. In addition the Irish Prison Service has a policy in place on prisoner property. This policy provides that all property in the prisoners cell, or in storage for a prisoner, should transport with the prisoner on transfer and...

Written Answers — Department of Justice and Equality: Prisoner Data (18 Jun 2015)

Frances Fitzgerald: I propose to take Questions Nos. 133 to 135, inclusive, together. I am advised by the Irish Prison Service that it conducts an analysis of the snapshot of the prison population on the last day of each month. Accordingly, the information sought by the Deputy is based on an analysis of the snapshot of the prison population was conducted on the 30th April, 2015. The information is set out in...

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