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Joint Oireachtas Committee on Justice, Defence and Equality: Commission on the Future of Policing in Ireland: Discussion (Resumed) (12 Dec 2018)

Charles Flanagan: I have already dealt in her absence with all of the issues raised by Deputy Daly. I intend to bring forward legislative proposals on the independence and greater authority of GSOC. I acknowledge that GSOC is recruiting extra staff and expertise to allow it to deal adequately with its responsibilities and obligations in law. I expect to have the programme of legislative change on foot of...

Joint Oireachtas Committee on Justice, Defence and Equality: Commission on the Future of Policing in Ireland: Discussion (Resumed) (12 Dec 2018)

Charles Flanagan: That will be done early in the new year. I meet the Policing Authority regularly and intend to meet it again between now and the Christmas vacation.

Joint Oireachtas Committee on Justice, Defence and Equality: Commission on the Future of Policing in Ireland: Discussion (Resumed) (12 Dec 2018)

Charles Flanagan: These are issues which are the subject matter of discussions between my Department and myself and the authority.

Joint Oireachtas Committee on Justice, Defence and Equality: Commission on the Future of Policing in Ireland: Discussion (Resumed) (12 Dec 2018)

Charles Flanagan: The most striking aspect of the report is the manner in which it regards policing as involving far more than justice and security. It emphasises the importance of multi-agency groups and inter-agency responsibility. There will be a role for the agencies to which the Chair referred without naming, such as the HSE, homeless services and Tusla. It is very important that national protocols be...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I welcome that we are proceeding with this important legislation and I thank Deputies, and Deputy Clare Daly in particular, for their interest in the matter. As I informed the Dáil on Second Stage, subject to the advice of the Attorney General, I intend to bring forward a number of further amendments to the Bill. I am introducing a number of those today, including some new provisions...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I move amendment No. 1:In page 6, line 29, to delete "previous existing" and substitute "pre-existing". In accordance with the advice of the Office of the Parliamentary Counsel, this amendment makes a grammatical correction in the definition of indirect maternal death to refer not to a "previous existing disease" but, more correctly, a "pre-existing disease". Both terms are used in the...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I assume the section will be agreed but I give notice of my intentions on Report Stage, when I may bring forward an amendment on proposals for the inclusion of further definitions in section 2. They may be necessary for the better functioning of the Bill.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I am merely acting in accordance with Standing Orders of the Dáil. It is certainly my intention to limit the number of amendments tabled on Report Stage. There are a few which I intend to flag, but they will all be in accordance with accepted practice and procedure.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: Nothing I intend to introduce at any stage will in any way run contrary to the accepted Standing Orders of the Dáil or the committee. To provide further information which may help to alleviate the anxiety of Deputy Clare Daly, on publication of the Bill in August, I flagged that it was my intention to introduce amendments for consideration to increase the jurisdiction of coroners to...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: With respect, we are not doing anything that is different in processing legislation before the committee.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I accepted that in my opening comments.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I specifically mentioned the interest of Deputy Clare Daly.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I am very keen to facilitate the committee in that regard.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I move amendment No. 2:In page 7, between lines 36 and 37, to insert the following: “Application of Act to stillbirths 3.The Principal Act is amended by the insertion of the following section after section 2:“2A.(1) This Act, other than sections 17, 18, 33A and 40, shall, where the context so requires, apply to a stillborn child in the same manner as it applies to a deceased...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I thank Deputy Clare Daly for her comments and apparent agreement on the matter of the mandatory reporting and, as a consequence, the discretionary power on the part of the coroner. Having regard to developments, both in this jurisdiction and across common law jurisdictions, I repeat that it is prudent for us to adopt the discretionary approach contained in the amendment.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I move amendment No. 4:In page 11, line 8, to delete “prior to” and substitute “before”. These are technical drafting amendments to section 6 and I ask that they be treated accordingly. Section 6 provides for a more strengthened regime for the reporting of certain deaths to the coroner. It inserts new sections 16A and 16B in the principal Act. Section 16A sets...

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: Yes.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: It would be a matter for the officer in charge of the Garda station.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: The officer in charge is responsible.

Select Committee on Justice and Equality: Coroners (Amendment) Bill 2018: Committee Stage (12 Dec 2018)

Charles Flanagan: I move amendment No. 5:In page 11, between lines 9 and 10, to insert the following:“(i) where the deceased person was in State custody or detention immediately before his or her death, a person who, pursuant to an enactment or otherwise, had responsibility for the deceased person;”.

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