Results 17,141-17,160 of 20,459 for speaker:Frances Fitzgerald

Written Answers — Department of Justice and Equality: Garda Data (31 Jan 2017)

Frances Fitzgerald: As the Deputy will appreciate, decisions in relation to the provision and allocation of Garda resources are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter I am, however, informed by the Garda authorities that there are some 178 stations that are not connected to the Garda Network. However, members in non-networked locations can contact the Garda...

Written Answers — Department of Justice and Equality: Corporate Governance (31 Jan 2017)

Frances Fitzgerald: The report referred to was prepared by the Office of Director of Corporate Enforcement in the context of a wide ranging consultation process on various crime issues. The report itself acknowledged that the ODCE ".....has only a partial role with respect to ‘white collar crime’," and that its experience is not as extensive as that of An Garda Síochána in this regard. Of...

Written Answers — Department of Justice and Equality: Asylum Applications (31 Jan 2017)

Frances Fitzgerald: I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that a decision letter issued to the person concerned in relation to their appeal on 24 January 2017. I understand that the person concerned was granted temporary permission to remain in the State on Stamp 4 conditions for a period of 12 months. Queries in relation to the status of individual...

Written Answers — Department of Justice and Equality: Private Security Authority (31 Jan 2017)

Frances Fitzgerald: The Private Security Authority, established under the Private Security Services Act 2004 (as amended), is the statutory body with responsibility for the licensing and regulation of the private security industry in the State. The Authority is an independent body under the aegis of my Department and I have no involvement in its day to day operations. I am informed that it does not comment on...

Written Answers — Department of Justice and Equality: Departmental Staff Data (31 Jan 2017)

Frances Fitzgerald: I can inform the Deputy that there are 2837 Clerical Officers and 230 Staff Officers employed by my Department and the bodies under its aegis.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Order for Report Stage (1 Feb 2017)

Frances Fitzgerald: I move: "That Report Stage be taken now."

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: I thank Deputies for their responses to these amendments. I have been considering this for a number of months. Deputies in the House raised this issue, as did the Rape Crisis Centre in the person of Ellen O'Malley-Dunlop and Noeline Blackwell, the current chief executive officer. I met with Dr. Susan Leahy, one of the experts on this topic who did her PhD on this subject. She has also met...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: I would make the point, which I am sure Deputy Shortall is well aware of, that in all cases where consent is disputed, consent must be decided within the circumstances of each case. The amendment sets out the circumstances which have been identified by our courts as vitiating consent. Whether the Deputy decides to pursue this or not, I ask her to bear in mind the point I have made about it...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: There have been a number of cases where this has been an issue - for example, cases where people have pretended to be medical professionals and various acts took place which led to court cases where issues of consent and rape became central. With regard to the issues raised by the Deputy, it is important they are included and I am advised they should be. Each case will be considered on its...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: To answer Deputy O’Callaghan, he is correct and of course it would include a member of the clergy or a sports coach. It is absolutely envisaged that they would be dealt with under the definition. Amendment No. 2 proposes to include the words "faith formation" in the definition of a person in authority in section 15 of the Bill. This section amends the definition of person in...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: The example the Deputy has given would be covered under the current definition. A person involved in faith formation or giving classes would come under a number of the definitions in the Bill as it is drafted. It has been subject to a lot of work and was the subject of extensive legal advices and scrutiny during the drafting of the Bill. I reassure the Deputy that the points she makes on...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: We had a long and detailed discussion on this provision on Committee Stage. I did consider it and looked at the section. I will take some time to go into detail on the approach in the Bill and why the various terms are being used. To begin with, the use of the term "protected person" is not related to disability but to the inability to consent to a sexual act. It identifies those persons...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: I will give some more detail on amendments Nos. 5, 6 and 57 because I did not get a chance to deal with them earlier. I am absolutely satisfied that what the amendments seek to achieve is addressed in section 22. The majority of the submissions received during the consultation process supported a specific offence, as did the Law Reform Commission in its report on capacity and consent. What...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: Yes.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: That is gone.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: It has been deleted from the Bill. It was removed on Committee Stage.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: I thank Deputies for their contributions. I want to deal with those two technical points raised and provide factual information on them. The first relates to the public loitering section mentioned by Deputy Catherine Connolly. I removed that on Committee Stage so that is no longer in the Bill. Second, Deputy Ruth Coppinger is right. Deleting the entire section will reintroduce the...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: We are deleting the whole section, yes. That is what happens when we do that. I refer Deputies who have spoken to the most recent research that has been done regarding this issue. It is well worth reading. It has been done by the European Commission and the University of Lancaster. It was published in 2016. We have had a good deal of research quoted here. I can quote a good deal of...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: That is just the penalty that applies to the person purchasing the sex and it is related to the 1993 Act. It has been removed for the person-----

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: On Deputy Jan O'Sullivan's point, the main concern I have is the exploitation of the exemption. I have very strong advice that there would be huge concerns over this and it would not be easy to disaggregate the money as she suggested. It would be fraught with difficulties and I would be very concerned about the exploitation of women in those circumstances. I am not in a position to accept...