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Written Answers — Department of Justice and Equality: Deportation Orders (19 Nov 2015)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order signed on 18 November 2009 and therefore has no entitlement to residency in the State. The effect of the Deportation Order is that the person concerned must leave the State and remain thereafter outside the State. Queries in...

Written Answers — Department of Justice and Equality: Naturalisation Applications (19 Nov 2015)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application the Deputy is referring to is currently under consideration and documentation which was received from the Deputy, on their behalf in August 2015, is part of this process. With regard to travel documents, INIS advises me that in exceptional cases an application for Irish temporary...

Written Answers — Department of Justice and Equality: Naturalisation Applications (19 Nov 2015)

Frances Fitzgerald: 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 level and it is important that appropriate procedures are in place to preserve the integrity of the process. I advised the Deputy, in my response to his Parliamentary Question...

Written Answers — Department of Justice and Equality: Residency Permits (19 Nov 2015)

Frances Fitzgerald: I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order. However, if new information or circumstances have come to light, which has a direct bearing on her case, and which have arisen since the original Deportation Order was made, there remains the option of a request that I use my discretion,...

Written Answers — Department of Justice and Equality: Residency Permits (19 Nov 2015)

Frances Fitzgerald: I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to is the subject of a Deportation Order made on 2nd July 2012 and therefore has no entitlement to residency in the State. Judicial Review proceedings were issued on 26th July 2012 challenging the Deportation Order. The Deputy will appreciate that it would be inappropriate for me...

Written Answers — Department of Justice and Equality: Naturalisation Applications (19 Nov 2015)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for a certificate of naturalisation from the person referred to by the Deputy is at an advanced stage of processing and the case will be submitted to me for decision shortly. As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an...

Written Answers — Department of Justice and Equality: Asylum Applications (19 Nov 2015)

Frances Fitzgerald: If the person whose details were supplied has made an application for asylum or subsidiary protection in the State, the Deputy will be aware that it is not the practice to comment on such applications until they have fully completed the protection process. This is in accordance with section 19(1) of the Refugee Act 1996 (as amended) which provides for the protection of the identity of...

Written Answers — Department of Justice and Equality: Data Protection (19 Nov 2015)

Frances Fitzgerald: I can inform the Deputy that, since the current Government took office on 9 March 2011, there is no legislation still in force, introduced or enacted by my Department, that contains a provision amending the Data Protection Acts.

Written Answers — Department of Justice and Equality: Community Alert Programme (19 Nov 2015)

Frances Fitzgerald: The position is that for many years my Department has supported community crime prevention by provided funding for the Community Alert programme, which is operated by Muintir na Tíre in partnership with the Garda authorities, and which supports over 1,400 local groups including many Text Alert schemes. There are now in excess of 700 local Text Alert schemes operating and guidelines for...

Written Answers — Department of Justice and Equality: State Bodies (19 Nov 2015)

Frances Fitzgerald: Information sought by the Deputy in relation to new State Bodies and Agencies under the remit of my Department, that have been established since February 2011 is set out in the table below. A sunset clause does not apply in respect of any of these bodies. New State Bodies Established Since 2011 Date of Establishment Property Services Regulatory Authority 3 April, 2012 Property Services...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: I am very pleased to bring the Bill before the House on Committee Stage. The Bill is a working recipe for the coexistence of the old and the new, which can ensure our legal services sector does not end up at a permanent competitive disadvantage and provide people who use legal services with better and more competitive choice. The Legal Services Regulation Bill will deliver on the programme...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: I hope that as we go through the amendments and as the Bill progresses today, Senators will have an opportunity to see the substantive changes that are to be brought about. It is obviously a continuation of the work in the Dáil, as is right. In some instances, there was a framework laid out for the approach, as in respect of inspections and discipline. That has all been filled out in...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: I understand in part the point Senator O'Donovan is making. Amendment No. 156, which comes early here because it has been grouped, is a technical amendment to the Solicitors (Amendment) Act 1994. Primarily, the body of this issue is dealt with in section 5. We will be going into considerable detail on that because that is about how the complaints and discipline are dealt with. It sets up...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: I am introducing these technical amendments to better clarify what is meant by certain terms used throughout the Bill. I refer to the definitions of "Compensation Fund", "legal partnership", "limited liability partnership", "multi-disciplinary practice", "prescribed" and "Solicitors Accounts Regulations". These are the definitions that we will go on to discuss in other sections.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: The three-year rule is maintained in Part 5.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: Yes.

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: This group of amendments relate to the powers of the authority to inspect legal practices. Sections 30 and 31 of the Bill as published are being remodelled again into the new Bill, Part 3, to better specify the inspection powers of the legal services regulatory authority in line with any modern inspection regime. Part 3 of the Bill outlines all the expected powers that one would assume a...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: Senator O'Donovan makes an extremely good point. We are speaking now about the powers of inspection, because the discussion is around Part 5, and this is where I go into the detail of how the complaints will be handled. In answer to the Senator's query, yes, there is a mechanism to deal with that type of situation. It is quite clear that there has to be an assessment in the first instance....

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: This deals with the issue of professional indemnity insurance, PII, for legal practitioners. A definition of PII is inserted and there are two sections to clarify the issue of professional indemnity insurance for legal practitioners. It is proposed that section 38 is to be replaced by a new section 38, which is reworked in order to better clarify the obligation on solicitors and barristers...

Seanad: Legal Services Regulation Bill 2011: Committee Stage (19 Nov 2015)

Frances Fitzgerald: I thought the Senator was going to ask about the business of the solicitors and the cost. The PII provider evaluates risk and turnover of the practice. We have consulted the market and we understand it is open, although I take the Senator's point. If there is any further information that the Senator can give us, I can certainly see if there are any implications. I understand the concerns....

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