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Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I move amendment No. 132:In page 82, line 39, to delete “an independent judicial authority acting in its judicial capacity” and substitute “the courts when acting in their judicial capacity”. Amendment No. 132 is a drafting amendment that clarifies that the data protection commission shall be competent to supervise the data processing operations of all bodies...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: Sections 103, 107, 108, 109, 111, 120 and 121 deal with the complaints handling process, which is both streamlined and comprehensive. I will focus on the key amendments. As regards Deputy Ó Laoghaire's amendment No. 137 and Deputy O'Callaghan's amendment No. 138, both of which would replace section 107(1), I have a serious problem with the introduction of a discretion on the part of...

Select Committee on Justice and Equality: Data Protection Bill 2018: Committee Stage (Resumed) (3 May 2018)

Charles Flanagan: I am happy to take another look at the amendments and to engage bilaterally with the Opposition Members who tabled them. I am anxious to ensure that the provisions of Part 6 are not compromised by the introduction of a new layer in terms of whether a complaint is frivolous or vexatious. I am conscious that there are different interpretations and different understandings in this regard....

Order of Business (8 May 2018)

Charles Flanagan: Work is proceeding on this matter. The Deputy is correct when he says it is not due this term but in view of the representations he has made, I would be happy to have a look at it.

Order of Business (8 May 2018)

Charles Flanagan: Not surprisingly, I do not have any evidence to assist Deputy Murphy along the lines of his plea. However, the Government is determined to ensure Garda recruitment continues apace. At the end of last year, we had succeeded in reaching our target of 13,500 gardaí. By the end of this year, that figure will have risen to 14,000 gardaí, many of whom will have been assigned to County...

Appointment of Member of the Legal Services Regulatory Authority: Motion (8 May 2018)

Charles Flanagan: I move:That Dáil Éireann, noting that the Government agreed on 20th March, 2018, to propose, for the approval of Dáil Éireann, Sara Moorhead SC to be a member of the Legal Services Regulatory Authority on the nomination of the Bar Council, and pursuant to section 9 of the Legal Services Regulation Act 2015, approves the appointment by the Government of Sara Moorhead SC to...

Written Answers — Department of Justice and Equality: Visa Applications (8 May 2018)

Charles Flanagan: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that Religious bodies may participate in the Volunteering in Ireland scheme which is open to all non-EEA nationals. The scheme was temporarily suspended at the end of 2017, pending the introduction of a new preclearance procedure. The new scheme, Volunteering in Ireland, became operational on the...

Written Answers — Department of Justice and Equality: Criminal Law (8 May 2018)

Charles Flanagan: Victims have an important voice in any consideration of the judicial process, and this is particularly the case with vulnerable victims like children and those who have experienced sexual violence. I am very conscious that the judicial process should not be a source of further trauma to anyone involved, with respect to both the rights of victims and accused persons. Much work has already...

Written Answers — Department of Justice and Equality: Youth Justice Strategy (8 May 2018)

Charles Flanagan: I propose to take Questions Nos. 185 and 186 together. As the Deputy may be aware, my Department is obliged to carry out a call for proposals process during 2018 in relation to the provision of Garda Youth Diversion Project (GYDP) services, to fully comply with requirements related to the co-funding of projects by the European Social Fund Programme for Employability, Inclusion and...

Written Answers — Department of Justice and Equality: Proposed Legislation (8 May 2018)

Charles Flanagan: The General Scheme of a Criminal Law (Sexual Offences) (Amendment) Bill 2018 was approved by the Government on 6 March 2018. The General Scheme has been published on my Department's website. The Bill has now been referred to the Office of the Parliamentary Counsel for drafting. The General Scheme has also been referred to the Joint Oireachtas Committee on...

Written Answers — Department of Justice and Equality: Commencement of Legislation (8 May 2018)

Charles Flanagan: The Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act was signed into law on 30 December 2015. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the Department of Health),...

Written Answers — Department of Justice and Equality: Courts Service (8 May 2018)

Charles Flanagan: As the Deputy will be aware, 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. Furthermore, the scheduling of court cases and the allocation of court business is a matter for the Presidents of the Courts and the presiding judges who are, under the Constitution,...

Written Answers — Department of Justice and Equality: Immigration Controls (8 May 2018)

Charles Flanagan: I wish to advise the Deputy that it has not been possible in the time available to provide the details requested. I have requested An Garda Síochána to compile the necessary information and I will revert to the Deputy as soon as possible.

Written Answers — Department of Justice and Equality: Immigration Controls (8 May 2018)

Charles Flanagan: I wish to advise the Deputy that it has not been possible in the time available to provide the details requested. I have requested An Garda Síochána to compile the necessary information and I will revert to the Deputy as soon as possible.

Written Answers — Department of Justice and Equality: Asylum Applications Data (8 May 2018)

Charles Flanagan: It is important to note that a very small proportion of applicants in the system for three or more years are awaiting a first instance decision on their refugee status. They will have had a negative first instance decision which determines that they have not demonstrated that they are in need of international protection. If they remain as applicants for the years in question, they are...

Written Answers — Department of Justice and Equality: Sexual Offences Data (8 May 2018)

Charles Flanagan: I am advised by the Irish Prison Service that there were 375 prisoners in custody under sentence for offences of sexual nature on 3 May 2018. The Irish Prison Service does not receive age profile information on the victims of sex offenders therefore it is not possible to provide the information in the format requested by the Deputy. The Courts Service and An Garda Siochána have...

Written Answers — Department of Justice and Equality: Sex Offenders Notification Requirements (8 May 2018)

Charles Flanagan: Convicted sex offenders are subject to monitoring and supervision in the community through the Garda Síochána and the Probation Service. The Sex Offenders Act 2001 provides for the monitoring of convicted sex offenders in the community. Under the 2001 Act a person who has been convicted of a sexual offence must notify the Garda Síochána of their name and...

Written Answers — Department of Justice and Equality: Consultancy Contracts Expenditure (8 May 2018)

Charles Flanagan: I am informed that, based on a review of the Department's central financial management system, payments were made to the latter of the companies referenced to the value of €13,272.90 by the Department and its agencies in the period 2011 to 2013 inclusive. The payments mainly related to services for the disposal of ICT equipment under the EU Waste Electrical and Electronic...

Written Answers — Department of Justice and Equality: Citizenship Ceremonies (8 May 2018)

Charles Flanagan: As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements, not only within the State but also at European Union as well as international level.  It is therefore important that appropriate procedures are in place to ensure that the integrity of the regime for granting Irish citizenship...

Written Answers — Department of Justice and Equality: Residency Permits (8 May 2018)

Charles Flanagan: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for a right of residency, accompanied by a right to work, based on their parentage of an Irish citizen child. The application was received in the relevant section of INIS on 20 February, 2018. The application is under consideration at present and INIS will be in...

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