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Select Committee on Justice, Defence and Equality: Fines (Payment and Recovery) Bill 2013: Committee Stage (22 Jan 2014)

Alan Shatter: No, other than to state that the Deputy is entitled to table an amendment. I think he is wrong about the legislation. There are circumstances in which the court will have options to make community service orders. I agree with the Deputy. I would like the community service order system to be used by courts. Our courts are independent and must make the decisions they deem appropriate with...

Select Committee on Justice, Defence and Equality: Fines (Payment and Recovery) Bill 2013: Committee Stage (22 Jan 2014)

Alan Shatter: I move amendment No. 8: In page 10, line 42, to delete "may" and substitute "shall".Amendment No. 8 amends section 8(3) in respect of the powers of the receiver when a recovery order is made. The Bill says that the court may give the receiver the powers listed in section 8(3). The intention is that the receiver will be given all the powers concerned so for the avoidance of doubt, the word...

Select Committee on Justice, Defence and Equality: Fines (Payment and Recovery) Bill 2013: Committee Stage (22 Jan 2014)

Alan Shatter: I move amendment No. 9: In page 16, line 4, to delete "Where" and substitute "Subject to subsection (4), where".

Select Committee on Justice, Defence and Equality: Fines (Payment and Recovery) Bill 2013: Committee Stage (22 Jan 2014)

Alan Shatter: I move amendment No. 10: In page 16, line 15, after "to" to insert "subsection (4) and".

Select Committee on Justice, Defence and Equality: Fines (Payment and Recovery) Bill 2013: Committee Stage (22 Jan 2014)

Alan Shatter: I move amendment No. 11: In page 16, between lines 35 and 36, to insert the following:"(4) Where the court is given a notice under section 15(4) by the employer of the fined person, it may, as appropriate—(a) make an order ("variation order") varying the attachment order concerned to take account of what is stated in the notice and, in any such case—(i) the appropriate court...

Select Committee on Justice, Defence and Equality: Fines (Payment and Recovery) Bill 2013: Committee Stage (22 Jan 2014)

Alan Shatter: I move amendment No. 12: In page 17, between lines 4 and 5, to insert the following:"(4) Where, at any time while the attachment order is in force, it comes to the attention of the employer to whom it is directed that the fined person’s earnings are, for whatever reason, insufficient to meet one or more than one deduction required to be made from those earnings in compliance with the...

Select Committee on Justice, Defence and Equality: Fines (Payment and Recovery) Bill 2013: Committee Stage (22 Jan 2014)

Alan Shatter: I move amendment No. 13: In page 17, to delete line 48, and in page 18, to delete lines 1 to 9, and substitute the following: "(2) Where—(a) the fined person advises the court that he or she is no longer in employment in accordance with subsection (1)(a)(ii)(II), (b) the employer of the fined person to whom the attachment order is directed advises the court that the fined person has...

Select Committee on Justice, Defence and Equality: Fines (Payment and Recovery) Bill 2013: Committee Stage (22 Jan 2014)

Alan Shatter: I move amendment No. 14: In page 19, to delete lines 5 and 6 and substitute the following:"(b) when the employer is given a notice under subsection (1), (c) subject to section 15(4), if the employer is not the fined person’s employer at the time when the service of the order is effected, or".

Select Committee on Justice, Defence and Equality: Fines (Payment and Recovery) Bill 2013: Committee Stage (22 Jan 2014)

Alan Shatter: I move amendment No. 15: In page 26, line 1, to delete "in a prepaid registered letter".The amendment sets out in section 21 the manner in which notices under the Bill are to be served. In section 1(c), there is reference to a notice being sent by registered post. This amendment deletes the reference to registered post. The effect of this is that the Courts Service may send notices by...

Select Committee on Justice, Defence and Equality: Fines (Payment and Recovery) Bill 2013: Committee Stage (22 Jan 2014)

Alan Shatter: I move amendment No. 16: In page 26, after line 32, to insert the following: "Application of monies where only part of fine is paid 24. Where monies applied towards the payment of a fine are insufficient to pay the fine in full, the monies shall be applied in the following order:(a) first, towards the payment of that part of the fine which is the costs referred to in the definition of "fine"...

Select Committee on Justice, Defence and Equality: Fines (Payment and Recovery) Bill 2013: Committee Stage (22 Jan 2014)

Alan Shatter: I thank the members of the committee for their co-operation, assistance and constructive comments in trying to tease out certain aspects of the Bill.

Written Answers — Department of Justice and Equality: Garda Vetting Applications (23 Jan 2014)

Alan Shatter: I propose to take Questions Nos. 169 and 170 together. I am informed by the Garda authorities that searches conducted in the Garda Central Vetting Unit (GCVU) have failed to establish the existence of a current vetting application in respect of the person in question. Records indicate that the most recent vetting application on behalf of this person was processed and completed on 13 August...

Written Answers — Department of Justice and Equality: Garda Síochána Ombudsman Commission Investigations (23 Jan 2014)

Alan Shatter: The Garda Síochána Act 2005 established the Garda Síochána Ombudsman Commission to receive complaints from members of the public concerning the conduct of members of the Garda Síochána. The Act stipulates that the Ombudsman Commission is independent in the exercise of its functions. I have no role in the processing of individual complaints which are referred to...

Written Answers — Department of Justice and Equality: Consultancy Contracts Data (23 Jan 2014)

Alan Shatter: The information, as requested by the Deputy, is set out in the table: Company/Consultancy Firm Purpose Amount Paid - 2013 (€) Dr. Gudjonsson, Emeritus Professor of Forensic Psychology. To assist with the work of the Smyth Advisory Committee which was set up to advise my Department on any changes in the law or practice in relation to interviewing suspects held in Garda custody....

Written Answers — Department of Justice and Equality: Prisoner Releases (23 Jan 2014)

Alan Shatter: The Deputy will be aware that I spoke on this issue, as a Topical Issue, on Tuesday of this week and outlined the background to the detention of the individual concerned. The Deputy will be further aware that it is open to prisoners to apply for Temporary Release. I am advised by my officials in the Irish Prison Service, that on committal, the prisoner was advised of the existence of...

Written Answers — Department of Justice and Equality: Departmental Investigations (23 Jan 2014)

Alan Shatter: I will contact the Deputy's Office directly on this matter.

Written Answers — Department of Justice and Equality: Garda Stations Opening Hours (23 Jan 2014)

Alan Shatter: As set out in the policing plan for 2012, the Garda Commissioner reduced the public opening hours of 10 Garda stations in the Dublin Metropolitan Region, including Cabra, from being open on a 24 hours basis to being open from 7.00am to 9.00pm. each day. I fully agree with the Commissioner's analysis in this matter. It is important to remember that while the Garda station in question has...

Written Answers — Department of Justice and Equality: Court Procedures (23 Jan 2014)

Alan Shatter: The court poor box is a non-statutory system used mostly by the District Courts, in conjunction with the Probation of Offenders Act 1907, to impose a financial charge on a defendant to be used for a charitable purpose, usually instead of imposing a criminal conviction. Payments made to the court poor box are accounted for by the court office concerned and the accounting procedures are...

Written Answers — Department of Justice and Equality: Charities Regulation (23 Jan 2014)

Alan Shatter: I am pleased to inform the Deputy that I intend to issue a call this week for Expressions of Interest from suitably qualified persons who wish to be considered for appointment to the Board of a new Charities Regulatory Authority, with a view to making appointments before Easter. I have also recently received sanction from the Minister for Public Expenditure and Reform to appoint an interim...

Written Answers — Department of Justice and Equality: Family Law Cases (23 Jan 2014)

Alan Shatter: Part 2 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 modified the in camera rule which prevents members of the public, including the press, from being present in court when family law and child care proceedings are being heard. I signed the Courts and Civil Law (Miscellaneous Provisions) Act 2013 (Sections 3 to 12) Commencement Order 2014 on 10 January, commencing Part 2 of...

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