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Seanad: Judicial Appointments Commission Bill 2017: Report Stage (19 Nov 2019)

Charles Flanagan: Senator Norris will probably be here-----

Seanad: Judicial Appointments Commission Bill 2017: Report Stage (19 Nov 2019)

Charles Flanagan: -----filibustering and frustrating, which is something he does best.

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Proposed Legislation (20 Nov 2019)

Charles Flanagan: I do not have details of the questions which were ruled out of order. Of course, I accept the rulings. I am happy to accept any question on matters for which I have responsibility. Deputy Sherlock referred to policy issues, and I accept responsibility for such issues. I am happy to consider the questions which were ruled out of order but this is not the appropriate time to so do.

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Proposed Legislation (20 Nov 2019)

Charles Flanagan: I wish to recognise the interest and work of Deputies O'Loughlin and O'Callaghan in this important area, including Deputy O'Loughlin's co-sponsorship of a Private Members' Bill. It is important to clearly reflect that our law provides for prosecution of relevant crimes. Under current law, hate crimes are prosecuted under general criminal law rather than through a specific hate crime...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Proposed Legislation (20 Nov 2019)

Charles Flanagan: On the Deputy's remark regarding unacceptable commentary in the course of the by-elections which are under way, I wish to categorically dissociate myself from comments made by Ms Verona Murphy, a Fine Gael candidate in Wexford. I am sure Deputy O'Callaghan will do likewise in respect of the remarks of a candidate standing for Fianna Fáil in another part of the country. It is incumbent...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Proposed Legislation (20 Nov 2019)

Charles Flanagan: I agree fully with and welcome the Deputy's comments in this regard and I trust that they are reflective of the views of all elected Members of this House but what are we going to do about it? In respect of the justice sector, in addition to the steps taken by the Minister of State, Deputy Stanton, I acknowledge the importance of the process of establishing a new anti-racism committee that...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Garda National Immigration Bureau (20 Nov 2019)

Charles Flanagan: As the Deputy will appreciate, every State has a duty to protect its own security and prevent illegal immigration, human trafficking and other organised crime activity. The Border with Northern Ireland is somewhat unique as it is a jurisdictional border between the two states where the common travel area also exists, in other words, where Irish and British citizens are entitled to travel...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Garda National Immigration Bureau (20 Nov 2019)

Charles Flanagan: I disagree with the Deputy when he points to these immigration checks as being somewhat new. They are not new. They are under our legislation and the common travel arrangements. It is evident from a number of detections of illegal immigrants entering the State through Northern Ireland that immigration controls are required from time to time to prevent abuse of the common travel area. In...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Garda National Immigration Bureau (20 Nov 2019)

Charles Flanagan: Any measures outlined by the Deputy are fully in accordance with the letter and spirit of the Good Friday Agreement and the common travel area. In this regard, the Government and our colleagues in the UK are firmly committed to maintaining the common travel area and the rights enjoyed by our citizens who travel freely between these islands and between North and South every day. In this...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Law Reform Commission Reports (20 Nov 2019)

Charles Flanagan: I warmly welcome the publication of the Law Reform Commission’s report on knowledge and belief concerning consent in rape law. As the Deputy may recall, the report was prepared by the commission in response to a reference from the then Attorney General, on behalf of the Government. The report is a thorough and expert examination of this complex issue. I assure the Deputy that my...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Law Reform Commission Reports (20 Nov 2019)

Charles Flanagan: I am pleased the Deputy recognises that this is not only a most sensitive area of the law but also a most complex area. As the law stands, the mental element of the offence of rape is not present if the accused honestly believed consent was given, so long as that belief was genuine, no matter how unreasonable or irrational. As a result, a person who held a genuine but completely...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Law Reform Commission Reports (20 Nov 2019)

Charles Flanagan: Lest the House be under any misapprehension, while the intention may be to introduce amending legislation, it will not happen within the coming weeks or months. We have the important contribution to the debate of the Law Reform Commission report. The timing of the report is particularly welcome, given the review of protections for vulnerable witnesses in the investigation and prosecution of...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Garda Deployment (20 Nov 2019)

Charles Flanagan: 11 o’clock The Garda air support unit was established in 1997 and provides a 24-hour proactive and reactive service in support of front-line operational gardaí and specialist units. Two helicopters and one fixed-wing aircraft are currently assigned to the unit. It provides invaluable support to operational gardaí in the course of their duties. I am informed by An...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Garda Deployment (20 Nov 2019)

Charles Flanagan: I do not have a regional breakdown of the more than 5,000 engagements, but I would be happy to see if such information can be acquired by An Garda Síochána. I know from anecdotal experience that this is far from a Dublin-only service, and I invite the Deputy to agree with me on that. I would be happy to provide information for other parts of the country insofar as I can. I am...

Ceisteanna - Questions - Ceisteanna ar Sonraíodh Uain Dóibh - Priority Questions: Garda Deployment (20 Nov 2019)

Charles Flanagan: I am happy to do so, provided that information is available to me.

Ceisteanna Eile - Other Questions: Closed-Circuit Television Systems (20 Nov 2019)

Charles Flanagan: It is not a matter of investment. It is a matter of ensuring that the regulatory framework is known to people and can be deployed as such. The legal framework requires that any proposed community CCTV scheme must meet a number of conditions: it must be approved by the local joint policing committee, it must have the prior support of the relevant local authority, which must also act as data...

Ceisteanna Eile - Other Questions: Closed-Circuit Television Systems (20 Nov 2019)

Charles Flanagan: I am not sure what the Deputy has put forward in terms of alternatives. I can say, however, that the requirement for local authorities to act as data controller for the schemes is a statutory one set out in the Garda Síochána CCTV order of 2006. It is a legal requirement for any proposed scheme that the relevant local authority act as data controller. This is the law. It has not...

Ceisteanna Eile - Other Questions: Closed-Circuit Television Systems (20 Nov 2019)

Charles Flanagan: By way of explanation to Deputy Thomas Byrne, who has difficulty listening, if he is aware of any groups that wish to avail of the scheme, first, further details are available to download from my Department's website; second, support and guidance is available to help interested groups through a dedicated email address in my Department; and third, if he would like to bring any specific issue...

Ceisteanna Eile - Other Questions: Closed-Circuit Television Systems (20 Nov 2019)

Charles Flanagan: -----my door is always open, as he should know. My officials are available to help in any way the Deputy feels would be appropriate, but within the legal framework. I emphasise again that grant funding will only be considered where the application meets the legal requirements for CCTV. In other words, I refer to systems that have been approved by the local joint policing committee,...

Ceisteanna Eile - Other Questions: Closed-Circuit Television Systems (20 Nov 2019)

Charles Flanagan: -----and of which I am sure he is aware, or the relevant local authority. I assume the Deputy has been a member of Meath County Council.

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