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Written Answers — Department of Justice and Equality: Spent Convictions (21 Jun 2016)

Frances Fitzgerald: The Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 was commenced in full on 29th April 2016. The effect of the Act is that a person is not obliged to disclose certain convictions which are over 7 years old, subject to specified limitations. A person will not be penalised in law or incur any liability for failing to disclose a spent conviction. In accordance with the...

Written Answers — Department of Justice and Equality: Equality Issues (21 Jun 2016)

Frances Fitzgerald: The Equality (Miscellaneous Provisions) Status Act 2015 introduced new provisions that prohibit discrimination in the provision of rented accommodation on the basis that a person is in receipt of certain payments (such as rent supplement or housing assistance payment). Advice for persons who consider that they might have been discriminated against under these provisions or any provision of...

Written Answers — Department of Justice and Equality: Legal Services Regulation (21 Jun 2016)

Frances Fitzgerald: As previously conveyed to the House, preparations for the phased commencement of the Legal Services Regulation Act 2015 are already underway. A necessary first step in preparation for these commencements is the appointment of the Legal Services Regulatory Authority after which the Authority will appoint its own Chief Executive. Nominations to the new Legal Services Regulatory Authority have...

Written Answers — Department of Justice and Equality: Garda Deployment (21 Jun 2016)

Frances Fitzgerald: I propose to take Questions Nos. 74 and 75 together. 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 continuing review taking into account crime trends and policing priorities so as to ensure that the best possible use is made of these...

Written Answers — Department of Justice and Equality: Garda Stations (21 Jun 2016)

Frances Fitzgerald: The Office of Public Works (OPW) has the primary responsibility for the provision and maintenance of Garda accommodation and works closely with the Garda authorities in this regard. The Deputy will be aware that the Garda Building and Refurbishment Programme 2016-2021 includes the development of a new Garda station at the District Headquarters of Bailieboro, Co Cavan. I am happy to inform...

Written Answers — Department of Justice and Equality: Firearms Licences (21 Jun 2016)

Frances Fitzgerald: As indicated to the Deputy in the response issued on 16 June 2016, Section 3D of the Criminal Justice (Miscellaneous Provisions) Act 2009 provides that only those centre fire short firearms licensed before 19 November 2008 remain licensable. Therefore, it is not possible to substitute another centre fire handgun for a handgun licensed before 19 November 2008. However, it is open to the...

Written Answers — Department of Justice and Equality: Criminal Injuries Compensation Tribunal (21 Jun 2016)

Frances Fitzgerald: I can inform the Deputy that vacancies were advertised on the Criminal Injuries Compensation Tribunal in April and I expect the process of making appointments to be finalised in the near future. I am informed that the Tribunal, which is independent in the exercise of its functions, will then plan the scheduling of appeal hearings.

Written Answers — Department of Justice and Equality: Prison Service (21 Jun 2016)

Frances Fitzgerald: I have no plans currently to privatise any part of the operations of the Irish Prison Service. The operation of the service is constantly kept under review. In this respect, it should be noted that section 5 of the Prisons Act 2007 provides that 'the Minister may, with the consent of the Minister for Finance and the approval of Government, enter into an agreement with another person (in this...

Written Answers — Department of Justice and Equality: Prison Accommodation (21 Jun 2016)

Frances Fitzgerald: I wish to advise the Deputy that the Director General of the Irish Prison Service accepted in full the recommendations contained in the Report of the Commission of Investigation into the Death of Gary Douche (commonly referred to as the McMorrow Report). As a result a "Cell Sharing Risk Assessment Policy" was drafted and piloted in the Midlands Prison. As a result of this pilot, the...

Written Answers — Department of Justice and Equality: Prison Service (21 Jun 2016)

Frances Fitzgerald: I am advised by the Irish Prison Service that, as part of the IPS Strategic Plan 2012 - 2015, a Dignity at Work steering group was established and five behaviours were identified by staff to ensure a dignified work environment – Respectful, Supportive, Fair and Inclusive, Openness, and Competence. Following from this the Irish Prison Service developed a number of policies including...

Written Answers — Department of Justice and Equality: Prison Service Strategies (21 Jun 2016)

Frances Fitzgerald: I can advise the Deputy the Irish Prison Service published its three year strategic plan 2012-2015 on 30 April 2012. Appended to this document were the Irish Prison Service's strategy for the management of older prisoners, the strategy for the management of young offenders and women offenders, the strategy for reducing re-offending by sex offenders, and the strategy for the management of...

Written Answers — Department of Justice and Equality: Prison Service Strategies (21 Jun 2016)

Frances Fitzgerald: The Deputy will be aware that the Irish Prison Service must accept all persons committed by the courts and does not have the option of refusing committals. I wish to advise the Deputy that the joint Probation Service/Irish Prison Service Women's Strategy 2014 - 2016, "An Effective Response to Women Who Offend" is ongoing and will be reviewed at the end of its term. The Women’s...

Written Answers — Department of Justice and Equality: Domestic Violence Policy (21 Jun 2016)

Frances Fitzgerald: The protection of members of society from domestic violence, sexual violence and exploitation are primary concerns for me and my Department. The Istanbul Convention is a significant legal instrument in the fight against domestic and sexual violence. Ireland is fully supportive of the aims and terms of the Convention and the Deputy will be aware that Ireland signed the Convention on 5 November...

Written Answers — Department of Justice and Equality: Domestic Violence Policy (21 Jun 2016)

Frances Fitzgerald: Many incidences of abuse in dating relationships are offences under the Non-Fatal Offences Against the Person Act 1997, including assault, harassment and coercion. The provisions of a statutory definition of dating relationships is problematic. Questions that would arise include issues around when a dating relationship can be said to begin and the behavioural threshold required for a meeting...

Written Answers — Department of Justice and Equality: Legislative Programme (21 Jun 2016)

Frances Fitzgerald: Section 10 of the Non-Fatal Offences Against the Person Act 1997 provides that any person who, without lawful authority or reasonable excuse, by any means including by use of the telephone, harasses another by persistently following, watching, pestering, besetting or communicating with him or her, is guilty of an offence. Harassment is deemed to occur where a person seriously interferes with...

Written Answers — Department of Justice and Equality: Family Reunification Applications (21 Jun 2016)

Frances Fitzgerald: I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for the person referred to by the Deputy is currently being processed and that the Family Reunification Unit recently requested more information. On receipt of the information requested the application for family reunification will be finalised. The Deputy may wish to note that...

Written Answers — Department of Justice and Equality: Garda Station Closures (21 Jun 2016)

Frances Fitzgerald: The Programme for a Partnership Government recognises that community policing is the embodiment of An Garda Síochána, providing a means of recognising that every community, both urban and rural, has its own concerns and expectations. It commits the Government to ensuring visible, effective and responsive policing in every community, including the most minimal response times...

Written Answers — Department of Justice and Equality: Public Sector Pay (21 Jun 2016)

Frances Fitzgerald: The Deputy will be aware that in 2011 the Government introduced revised rates of pay for new entrant public servants in order to reduce the Public Service Pay and Pensions Bill. This was one of a range of measures introduced over the period of the fiscal crisis which directly affected the pay of public servants. Since 2011, it is estimated that approximately €380,000 was saved by...

Written Answers — Department of Justice and Equality: Commissions of Investigation (21 Jun 2016)

Frances Fitzgerald: I received the report of the O'Higgins Commission of Investigation on 25 April 2016. I published the report on 11 May 2016. As the Deputy is aware, the report was the subject of a debate in the House on 25 and 26 May 2016. In the course of my contribution I outlined the reasons why publication was not possible before the date on which I did publish it. As I have already informed the...

Written Answers — Department of Justice and Equality: Mortgage Debt (21 Jun 2016)

Frances Fitzgerald: The position is that the Land and Conveyancing Law Reform Act 2009 updated the law in relation to judgment mortgages registered after 1 December 2009 by repealing the Judgment Mortgage (Ireland) Acts 1850 and 1858 and replacing them with updated provisions as recommended by the Law Reform Commission in 2004. Section 116 of the 2009 Act provides that a creditor who has obtained a judgment...

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