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Other Questions: Office of the Director of Public Prosecutions (5 Feb 2014)

Alan Shatter: Independence for prosecutors is a key principle underpinning the rule of law in the international standards set by the Council of Europe, the UN and the International Association of Prosecutors. The independence of the Office of the Director of Public Prosecutions is set out in section 2(5) of the Prosecution of Offences Act 1974 which states: “The Director shall be independent in the...

Other Questions: Office of the Director of Public Prosecutions (5 Feb 2014)

Alan Shatter: The Deputy has just provided an example of why we need an independent DPP that is not subject to reporting to Parliament or to a Minister, who can make prosecutorial decisions based on the obligations of his or her office under the provisions contained in relevant legislation, and who cannot be pressurised in Parliament by any Deputy on any particular case or issue. The Deputy classically...

Other Questions: Office of the Director of Public Prosecutions (5 Feb 2014)

Alan Shatter: -----raising specific cases and making comment that could be prejudicial in circumstances where court proceedings exist. Instead of the DPP's office carrying out its role, we would have a government forced to interfere politically. That is exactly what we do not need. It would be contrary to the public interest. I would like to draw the Deputy's attention to the Venice Commission's 2010...

Other Questions: Office of the Director of Public Prosecutions (5 Feb 2014)

Alan Shatter: The Deputy was speaking of two specific cases.

Other Questions: Office of the Director of Public Prosecutions (5 Feb 2014)

Alan Shatter: I thought the Deputy knew the answer to the question she is raising, but I think she is only raising the question to grab a headline. If the DPP or anybody else does not comply with court orders, he or she is accountable to the court. Are there court procedures in place to deal with any individual engaged in litigation of any description, be it civil or criminal, against whom it is alleged...

Other Questions: Penal Policy Review Group Report (5 Feb 2014)

Alan Shatter: I would like to thank the joint committee for their hard work on this matter and for their report which was published last March, which we touched upon recently in a meeting of the select justice committee. In summary, the joint committee report recommended that prison numbers be reduced; that prison sentences of less than six months be commuted; that standard remission be increased from one...

Other Questions: Penal Policy Review Group Report (5 Feb 2014)

Alan Shatter: First, as I indicated to the Deputy, we are already along the road towards implementing a series of the proposals. As he knows, one of my objectives and hopes during the lifetime of the Government is that we would also put the parole board on a statutory footing. That is another important measure I hope we will have the opportunity to address, but because of the legislative programme I know...

Other Questions: Crime Prevention (5 Feb 2014)

Alan Shatter: Serious crime is being tackled aggressively by An Garda Síochána, with all the necessary resources deployed to the investigation and prosecution of murders related to the activities of criminal gangs. The organised criminal activity which gives rise to this violence is being targeted by An Garda Síochána across a number of fronts, including through the use of focused...

Other Questions: Crime Prevention (5 Feb 2014)

Alan Shatter: As the Deputy knows, there is a concern surrounding individuals on bail committing offences. That is the first issue. Where one is on bail and commits an offence, of itself that is a separate offence. In circumstances where this occurs and individuals are brought before the courts it is a matter for the Judiciary to decide whether sentences imposed are concurrent or consecutive. There is...

Other Questions: Crime Prevention (5 Feb 2014)

Alan Shatter: There are certain constitutional and human rights parameters within which the Government and the Legislature have to operate. We are looking at the legislation and how best to approach it. In the case of repeat offenders, of an individual who, for example, has been convicted a number of times, served a sentence, paid a fine or done community service and then offends again, following a...

Other Questions: Foreign Conflicts (5 Feb 2014)

Alan Shatter: What is happening in Syria is a humanitarian disaster and tragedy of epic proportions. It is unfortunate that the recent talks did not produce any successful outcome or indicator that this conflict might come to an end. Upheaval and conflict in Syria has witnessed the phenomenon of individuals travelling from Europe to the fighting. The motives for individuals travelling to Syria vary from...

Other Questions: Foreign Conflicts (5 Feb 2014)

Alan Shatter: Across Europe there are various estimates as to the numbers from different EU member states who have travelled to participate in this conflict. We estimate between 25 and 30 Irish residents have travelled there for that purpose. Some have lost their lives in this conflict. A whole range of particular issues arise for this State and the EU member states. It is a matter of great concern...

Written Answers — Department of Justice and Equality: Garda Vetting of Personnel (5 Feb 2014)

Alan Shatter: I propose to take Questions Nos. 10 and 18 together. It is my understanding that the issue raised by the Deputy relates to the work experience placements of childcare trainees in childcare projects. This placement is short term in nature and is usually organised by colleges as part of the training on childcare courses. The colleges conduct Garda vetting of the persons on the course, and the...

Written Answers — Department of Justice and Equality: Penalty Points System (5 Feb 2014)

Alan Shatter: Following the publication of the two Garda reports on fixed charge notices the Garda Commissioner established an implementation group to revise the Garda Policy document on the Fixed Charge Processing System and to implement the recommendations from these reports in consultation with the Office of the Director of Public Prosecutions. The output from this work was a circular from the...

Written Answers — Department of Justice and Equality: Penalty Points System (5 Feb 2014)

Alan Shatter: It is important to understand the basis for a referral of a matter to the Garda Ombudsman Commission under section 102 of the Garda Síochána Act 2005. Section 102 permits me to refer a matter to the Garda Ombudsman Commission for investigation where it appears to me to indicate that some members of the Garda Síochána may have committed an offence or behaved in a manner...

Written Answers — Department of Justice and Equality: Protection for Whistleblowers (5 Feb 2014)

Alan Shatter: I propose to take Questions Nos. 13 and 25 together. The Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007 provide for an independent Confidential Recipient to whom members of the Force can report, in confidence, instances where they believe there may be corruption or malpractice within the Force. The Confidential Recipient is required to...

Written Answers — Department of Justice and Equality: Insolvency Service of Ireland Data (5 Feb 2014)

Alan Shatter: As I have advised the Deputy previously, the Insolvency Service of Ireland (ISI) has indicated that in the interest of confidentiality it will not be providing details or breakdowns of the numbers of applications for the various debt solutions received or being processed at this time. The ISI has indicated that it fully intends to provide quarterly statistics once a statistically meaningful...

Written Answers — Department of Justice and Equality: Magdalen Laundries (5 Feb 2014)

Alan Shatter: To date, 680 applications have been received under the ex gratia scheme which was established by Government for the benefit of those women who were admitted to and worked in the Magdalen Laundries, St Mary's Training Centre, Stanhope Street and House of Mercy Training School, Summerhill, Wexford. The applications are being processed as quickly as possible and over 280 letters of formal offer...

Written Answers — Department of Justice and Equality: Asylum Applications (5 Feb 2014)

Alan Shatter: I should clarify for the Deputy that the persons we are referring to here are failed asylum applicants who are now applicants for subsidiary protection. Subsidiary protection is protection to be granted to a person in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, would face a real risk of suffering...

Written Answers — Department of Justice and Equality: Sexual Offences (5 Feb 2014)

Alan Shatter: I propose to take Questions Nos. 17 and 29 together. The Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012 makes it an offence for any person to deliberately withhold information regarding sexual and other serious offences committed against a child or other vulnerable person. Under section 2 of the Act, a person who knows or believes...

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