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Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: It is important. I am not sure how to describe what the Senator was quoting but I am quoting from the research that I have looked at and that has been made available to me. The ban on the purchase of sexual services has been an important instrument in preventing and combatting prostitution and human trafficking for sexual purposes.That is in two of the countries where this approach was...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: As has been said, section 34 regulates the disclosure of the content of third party counselling or therapy records in sexual offence trials. The disclosure of counselling or therapy records in the context of criminal proceedings, especially in relation to sexual violence, touches on a number of sensitive issues and a "balancing of rights", a phrase I will be using quite a bit in terms of...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: They were not moved.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: It is my intention, for the purpose of clarity and on foot of legal advice received, to rename the records falling within the scope of this section as "counselling records" rather than "relevant records," but otherwise to retain the existing definition of the records. The point of the definition is to ensure that any "counselling record" of which the prosecutor is aware and which the accused...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: I understand that.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: I have referred it for further advice. I will return to the issue.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: I totally agree.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: Amendment No. 42 clarifies the way in which the order takes effect and is notified to the person against whom it is made. Amendment No. 43 provides for the hearing of an application for a harassment order to take place in private.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: I thank Senators for their contributions during the passage of this Bill. On the question raised by Senator van Turnhout on Committee Stage regarding section 15 and whether civil partners and co-habitants are included in the definition of "person in authority", civil partners and co-habitants would fall under subparagraph (d) of the definition, which provides for partners of a parent of a...

Written Answers — Department of Justice and Equality: Immigrant Investor Programme Applications (26 Jan 2016)

Frances Fitzgerald: The Evaluation Committee, which is responsible for determining applications made under the Immigrant Investor Programme/Start Up Entrepreneur Programme, meets every two to three months. Therefore, depending on how far in advance of a meeting an application is received, the overall processing time could take from one to four months. The Department will contact the Deputy with regard to a...

Written Answers — Department of Justice and Equality: Commercial Rates Exemptions (26 Jan 2016)

Frances Fitzgerald: I can inform the Deputy that the Commissioner of Valuation is independent in the exercise of his duties under the Valuation Act, 2001 and the making of valuations for rating purposes is his sole prerogative. The Statute does not accord me, as Minister, any function in this regard. I understand that the Valuation Acts 2001-2015 provide in Schedule 4, paragraph 12a that property, being a...

Written Answers — Department of Justice and Equality: Parliamentary Questions (26 Jan 2016)

Frances Fitzgerald: The information sought in relation to this matter was issued from my office on 25 January 2016 by post to the Deputy.

Written Answers — Department of Justice and Equality: Rights of People with Disabilities (26 Jan 2016)

Frances Fitzgerald: The Assisted Decision-Making (Capacity) Act 2015 enshrines a series of robust protections for those who lack decision-making capacity and has introduced significant reforms that will assist in enabling Ireland to ratify the UN Convention on the Rights of Persons with Disabilities. The Act has been specifically devised to safeguard the rights of persons with capacity difficulties, including as...

Written Answers — Department of Justice and Equality: Commencement of Legislation (26 Jan 2016)

Frances Fitzgerald: As the Deputy is aware, the Bankruptcy (Amendment) Act 2015 provided for commencement orders to bring its provisions into effect. I wish to inform the Deputy that most of the provisions of the Act will be commenced later this month. The only provisions not commenced under the Order are those dealing with the abolition of the requirement for a 'statutory sitting' of the High Court in...

Written Answers — Department of Justice and Equality: Posthumous Pardon (26 Jan 2016)

Frances Fitzgerald: I propose to take Questions Nos. 276 and 277 together. My Department has considered the issues referred to by the Deputy and is advised, following consultation with the Office of the Attorney General, that the Pardon Order signed by the President on 19 December 2015 unambiguously identifies Mr. Gleeson and his conviction, and that he has been validly pardoned of that conviction. As this has...

Written Answers — Department of Justice and Equality: Garda Deployment (26 Jan 2016)

Frances Fitzgerald: As the Deputy will appreciate the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continual review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of resources. The number of Gardaí stationed in Clondalkin district,...

Written Answers — Department of Justice and Equality: Legislative Process (26 Jan 2016)

Frances Fitzgerald: The change to which the Deputy refers is the provision under which a non-marital father automatically becomes a guardian of his child where he lives with the child's mother for 12 consecutive months, including not less than three months after the birth of the child. This provision came into effect on 18 January 2016 when specified provisions of the Children and Family Relationships Act 2015...

Written Answers — Department of Justice and Equality: Firearms Certificates (26 Jan 2016)

Frances Fitzgerald: I can advise the Deputy that there were 53 non-resident Firearm Certificates issued in 2014 and 91 issued in 2015 by An Garda Síochána to persons who had permission to shoot on the lands of Tubbercurry Gun Club. The non-resident Firearm Certificates are issued to individuals who use the lands of Tubbercurry Gun Club to shoot on and are not issued to Tubbercurry Gun Club itself.

Written Answers — Department of Justice and Equality: Garda Deployment (26 Jan 2016)

Frances Fitzgerald: As the Deputy will appreciate the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continual review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of resources. The number of Garda Síochána stations and the...

Written Answers — Department of Justice and Equality: Asylum Seeker Accommodation (26 Jan 2016)

Frances Fitzgerald: As the Deputy is aware, the Irish Refugee Protection Programme (IRPP) was approved by Government Decision on 10 September 2015 in response to the migration crisis which has developed in Southern Europe, and as an act of solidarity with other Member States Under this decision, the Government confirmed that Ireland will take in up to 4,000 persons over the next two years in order to give to...

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