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Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Charles Flanagan: I thank Senators for their sharing their views on this important legislation. We all acknowledge the independent role the Judiciary has played as a fundamental pillar of our democratic structures since the foundation of the State, acting at all times independent of the Executive and Legislature. Its members have always acted in a way that has been separate, irrespective of the background...

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Charles Flanagan: I will not need it. If that represents a deal, it may well be the extent of the deal, as has been referred to.

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Charles Flanagan: Iwant to make reference to some of the points made by Senators. I will do so in the context of my having been very pleased to have had the opportunity to sit here listening to many very constructive contributions and important suggestions, all of which I will reflect on for Committee Stage, acknowledging, as I do, the number and variety of amendments to various sections that I am expecting...

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Charles Flanagan: I acknowledge there is a lacuna in terms of the appropriateness or suitability requirements for the non-legal chair, and I will be tabling an amendment to deal with that. I am open to giving consideration to any further improvements to section 12 that Senators may wish to put forward. We can come back to that in more detail on Committee Stage. I want to acknowledge the positive disposition...

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Charles Flanagan: I did not agree with the entirety of her contribution, but she has specialist knowledge in this area which always ensures that her contributions are worth listening to. I took some positives from what she said although I reject the references made by Senators Bacik and Norris to a form of grubby deal between certain parties. I reject the deal and the word "grubby". That is not my practice.

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Charles Flanagan: In support of what I say, I invite Senators - who are not often minded to read the record of Dáil transcripts due to the superior nature of the debate here in the Upper House - to look at the number of amendments to this legislation on both Committee and Report Stages and assess the comparator in terms of agreement between the party groups. They will find, perhaps to their surprise, a...

Seanad: Judicial Appointments Commission Bill 2017: Second Stage (20 Jun 2018)

Charles Flanagan: That statement very much speaks for itself. I also point to what Senator Ó Donnghaile said in the course of his contribution. He put the Government on notice of a number of amendments that he will table, many of which will be controversial and some of which will be uncomfortable for Government. In the spirit of Senators Conway and Boyhan, let us agree to collaborate as much as we can...

Joint Oireachtas Committee on Justice, Defence and Equality: Protocol 21 of the Treaty of Lisbon: Minister for Justice and Equality (20 Jun 2018)

Charles Flanagan: I am pleased to join the committee this morning with my officials from the Department of Justice and Equality, Mr. Mark McDermott and Ms Sarah Sheppard. I welcome the opportunity to address the committee this morning on Ireland's opt-in to a new proposal on facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain...

Joint Oireachtas Committee on Justice, Defence and Equality: Protocol 21 of the Treaty of Lisbon: Minister for Justice and Equality (20 Jun 2018)

Charles Flanagan: I thank the Deputy for his support. While obviously it is difficult for one to predict with certainty what the final outturn of the UK negotiations on the withdrawal or, indeed, the consequent future relationship between the UK and the European Union, in the justice and home affairs area, I must acknowledge an intent, on the part of the UK authorities, as far as possible, to continue with...

Joint Oireachtas Committee on Justice, Defence and Equality: Protocol 21 of the Treaty of Lisbon: Minister for Justice and Equality (20 Jun 2018)

Charles Flanagan: The Deputy is correct insofar as this involves intense negotiation and ongoing monitoring with the Department of Finance. However, in terms of access to registers, the intention is that the articles will be transposed in accordance with the fourth directive, which means that there will be access to the companies register by competent authorities, the financial intelligence unit, FIU, and...

Joint Oireachtas Committee on Justice, Defence and Equality: Protocol 21 of the Treaty of Lisbon: Minister for Justice and Equality (20 Jun 2018)

Charles Flanagan: The Department of Finance is currently drafting the statutory instruments which will allow for the transposition of the remaining elements of Articles 30 and 31. It is expected that the transposition in its entirety will soon be concluded.

Joint Oireachtas Committee on Justice, Defence and Equality: Protocol 21 of the Treaty of Lisbon: Minister for Justice and Equality (20 Jun 2018)

Charles Flanagan: The 2010 Act, which is the current legislation, applies to private member gaming clubs and those clubs currently have certain obligations under law. They are obliged to take all measures under the Act into account, including the ongoing issue of due diligence as regards their relationship with their customers, as required by the directive. Further legislation to bring other gambling...

Joint Oireachtas Committee on Justice, Defence and Equality: Protocol 21 of the Treaty of Lisbon: Minister for Justice and Equality (20 Jun 2018)

Charles Flanagan: That is being done, in particular by the ongoing risk assessment engaged in by the Department of Finance. Our position has been informed by one such assessment recently published by the Department.

Joint Oireachtas Committee on Justice, Defence and Equality: Protocol 21 of the Treaty of Lisbon: Minister for Justice and Equality (20 Jun 2018)

Charles Flanagan: By the end of July. It is expected that the directive will come into force 20 days after publication in the Official Journal of the European Union, which is expected by the end of June or early July. Agreement was reached at political level at the end of last year. The timeline is linked directly to the transposition deadline for the fifth directive.

Joint Oireachtas Committee on Justice, Defence and Equality: Protocol 21 of the Treaty of Lisbon: Minister for Justice and Equality (20 Jun 2018)

Charles Flanagan: In terms of our agencies, the criminal assets bureau has been a significant success to the extent that many other European countries have used it as a template for their organisations. The Revenue Commissioners and the Department of Finance, among others, keep in regular contact in conjunction with their colleagues throughout Europe. Of course, we at all times seek to comply with best...

Joint Oireachtas Committee on Justice, Defence and Equality: Protocol 21 of the Treaty of Lisbon: Minister for Justice and Equality (20 Jun 2018)

Charles Flanagan: The Deputy is right and I believe it is essential that we continue to intensify what is a very constructive and positive relationship between the law enforcement agencies, both North and South, east and west. I recently had the opportunity, visiting the Border area with Deputy Fitzpatrick, to see first-hand the challenges faced by An Garda Síochána in a Border area. As I said...

Joint Oireachtas Committee on Justice, Defence and Equality: Protocol 21 of the Treaty of Lisbon: Minister for Justice and Equality (20 Jun 2018)

Charles Flanagan: The Criminal Assets Bureau is. We keep in regular contact with it, with the lead being An Garda Síochána, which is answerable to my Department.

Joint Oireachtas Committee on Justice, Defence and Equality: Protocol 21 of the Treaty of Lisbon: Minister for Justice and Equality (20 Jun 2018)

Charles Flanagan: That is also part of An Garda Síochána, with the same line responsibility and relationship with the Department of Justice and Equality.

Joint Oireachtas Committee on Justice, Defence and Equality: Protocol 21 of the Treaty of Lisbon: Minister for Justice and Equality (20 Jun 2018)

Charles Flanagan: Yes.

Joint Oireachtas Committee on Justice, Defence and Equality: Protocol 21 of the Treaty of Lisbon: Minister for Justice and Equality (20 Jun 2018)

Charles Flanagan: Through An Garda Síochána.

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