Results 18,281-18,300 of 21,096 for speaker:Charles Flanagan

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I move amendment No. 1: In page 8, line 22, to delete “by or under any enactment or rule of law for”. Amendment No. 1 removes text that might have operated as an unintended restriction on our central authority requesting information from other member states for the purposes of criminal proceedings here. It might not always be the case that such criminal record information...

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: With regard to the European criminal records information system that has been operational for a number of years, going back to April 2012, and which is operated on an administrative basis by An Garda Síochána, what we are now doing underpins this system in statutory legislation that sets out the requirements of the framework decision. The fact that it has been operating on a...

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: No. Operating this on an administrative basis was accepted throughout the European Union. A timeframe for the formal transposition of the framework directive was given. There are no circumstances in which any of the information sought by way of exchange of criminal records was given in a way that was less than legal because the directive was agreed by EU member states.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I accept there has been a delay here. I point to legislative priorities within the Department during that time. This is why I am very keen to now proceed to finalise matters.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I have already said that there was something of a delay as a result of competing domestic legislation in the criminal justice area. We approved the drafting of the Bill in 2012. We also had to take account of the European Commission's proposals in the form of a 2016 directive and a regulation in 2019. These were designed to change and further adapt the records information system. As I...

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I do not have information on the number of other European countries doing so to hand. I can say, however, that in the normal course of events, a particular period of time is given within which appropriate domestic legislation is to be enacted. From our perspective, it is important that we proceed with our own domestic legislation, which we are now doing. Since our central authority, the...

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I am not.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: Not that I know of, no. I will make a more general point on an issue that was before the committee in the past and which continues to come up. It is important that all Departments, and particularly the Department of Justice and Equality, continue to carry out assessments on legislation required to ensure full compliance with our international obligations. All Departments, not only the...

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: It has done so.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I will do two things in that regard. I will inform the committee of the position regarding our EU colleagues and, perhaps more importantly, I am keen to provide the Chair of the committee with a table laying out our position in respect of other directives in the area of criminal law for distribution to members.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: This will also include a proposed timeframe for their transposition and will ensure that the committee is fully aware of the work the Department is doing on these issues.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: The Bill relates to the exchange of records of criminal convictions. I do not envisage a situation in which spent convictions would be the subject matter of exchange because, by their nature, they are spent. We are currently updating the law in this area. Committee Stage of a Private Member's Bill is to be taken in the Seanad this evening. This will update the schedule of offences and...

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I am happy to take this issue up with the central authority. I am of the view that in the event of a conviction being spent, it would not be the subject matter of a request for the exchange of criminal records.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I will check with the central authority and provide that information to the Deputy.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: On the matter of the withdrawal of the UK from the European Union and the question of whether the UK authority will retain access to the ECRIS, I do not wish to engage in any speculation but this has been the subject of discussions between our respective jurisdictions. It is certainly my wish, as Minister for Justice and Equality with responsibility for the criminal justice area, and the...

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I would not use the words "ad hoc" as that would indicate to me it was in some way inconsistent or devoid of any framework. I would invite members to look at the Schedule to the Bill before us to see the common table of offences that have been characterised. It has been a feature of the administrative engagement and system since 2012 that there is a clearly defined framework and that there...

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I would give consideration to that. By coincidence, this was the subject matter for a parliamentary question from Deputy Pringle earlier. I would be happy to engage further on that. The uptake is low. The system applies across the country. There is no regional disparity but we need to look at why the uptake is so low and whether a greater level of information can be supplied because it...

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I do not suppose we will on the basis it is spent here and is not regarded as a conviction here.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: I would be in favour of that.

Select Committee on Justice and Equality: Criminal Records (Exchange of Information) Bill 2019: Committee Stage (20 Nov 2019)

Charles Flanagan: Let me clarify the matter by way of a note from the central authority to the Deputy. In cases where there is something of a similar jurisdiction in terms of the treating of convictions in both EU states, it would seem clear to me the central authority would not be exchanging that information on the basis of it having been spent in both jurisdictions and on the basis it is no longer applicable.