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Criminal Justice Bill 2016: Report and Final Stages (24 May 2017)

Frances Fitzgerald: I move amendment No. 1:In page 4, line 13, to delete “ ‘intoxication’ ” and substitute “ ‘intoxicated’ ”. This is a fairly straightforward technical amendment. It replaces the word "intoxication" with the word "intoxicated" in subsection (4) of the new section 4A of the Criminal Justice (Public Order) Act to be inserted by section 3 of...

Criminal Justice Bill 2016: Report and Final Stages (24 May 2017)

Frances Fitzgerald: Amendment No. 2 deletes the power for the Garda to arrest without warrant a person on bail who is about to contravene any of the conditions of his or her recognisance. However, consider the circumstances where a victim is in fear of violence from an accused person and that person is prohibited from contacting the victim as a condition of his or her bail. If the accused person pulls up...

Criminal Justice Bill 2016: Report and Final Stages (24 May 2017)

Frances Fitzgerald: I will reiterate the kinds of circumstances about which we are talking. A condition of bail is imposed on the accused person. There are grounds to reasonably suspect that the person is about to breach that condition. Immediate arrest is necessary to prevent harm to, or interference with a victim or a witness. A condition is imposed in the first instance, there are grounds to suspect that...

Criminal Justice Bill 2016: Report and Final Stages (24 May 2017)

Frances Fitzgerald: The purpose of electronic monitoring is to monitor compliance with bail conditions. Its intended effect is to encourage a person on bail to comply with the conditions the court has imposed. There are a range of safeguards to ensure it is used appropriately already in the Bail Act. The Act requires a person subject to electronic monitoring to consent to it and the provisions only apply to...

Criminal Justice Bill 2016: Report and Final Stages (24 May 2017)

Frances Fitzgerald: It is already the case that electronic monitoring will only be imposed for serious offences to monitor a condition of bail which must itself be proportionate and necessary where the prosecution applies for it. That is in circumstances where the Garda believes it would be effective in preventing breaches of bail conditions. It has to be with the consent of the person being monitored and it...

Criminal Justice Bill 2016: Report and Final Stages (24 May 2017)

Frances Fitzgerald: As the Deputies have outlined, the purpose of amendments Nos. 6 and 7 is to require that the reasons given by a court for granting or refusing bail and for imposing any bail conditions under section 6 be in writing. I can understand the Deputies' reasons for wanting to include such a requirement. The purpose of section 6 of the Bill is to improve the information provided by the court in...

Criminal Justice Bill 2016: Report and Final Stages (24 May 2017)

Frances Fitzgerald: I do not have much more to say. The key point here is the delay which would result from issuing decisions in writing where that is not the norm in the District Court. The volume of bail cases before the courts is very substantial and to divert resources to providing a written decision in every case would create further delays in the process. Even a written decision provided only on request...

Criminal Justice Bill 2016: Report and Final Stages (24 May 2017)

Frances Fitzgerald: It is a fairly practical response to it. I think there are fairly large resource and delay issues involved in this. I can see what people are saying, but given the reality of the number of cases before the courts, trying to do this really will divert resources and delay decisions.

Written Answers — Department of Justice and Equality: Garda Deployment (24 May 2017)

Frances Fitzgerald: As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, and I, as Minister, have no direct role in the matter. I am assured by the Commissioner that Garda personnel assigned throughout the country, together with the overall policing arrangements and operational strategies are continually monitored and reviewed. Such monitoring ensures that...

Written Answers — Department of Justice and Equality: Garda Deployment (24 May 2017)

Frances Fitzgerald: As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of...

Written Answers — Department of Justice and Equality: Garda Equipment (24 May 2017)

Frances Fitzgerald: I propose to take Questions Nos. 84 and 85 together. As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions, including the Garda water unit and I, as Minister, have no direct role in the matter. I am, however, assured that Garda management keeps these resources under continual review so as to ensure that...

Written Answers — Department of Justice and Equality: Garda Transport Data (24 May 2017)

Frances Fitzgerald: As the Deputy will be appreciate decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources and I, as Minister, have no direct role in the matter. I have asked the Garda Commissioner for the specific information requested and when it is to hand I will...

Written Answers — Department of Justice and Equality: Visa Applications (24 May 2017)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that this person arrived in the State in September 2007 and that their last student permission expired on 4 October 2016. Their request for permission to remain in the State is currently under consideration and a decision will issue to them in the very near future. Queries in relation to the...

Written Answers — Department of Justice and Equality: Road Traffic Accidents Data (24 May 2017)

Frances Fitzgerald: I propose to take Questions Nos. 88 to 91, inclusive, together. I have requested a report from the Garda authorities in relation to the matters raised by the Deputy. An Garda Síochána has provided the following table, which sets out the cost to the State to settle claims arising from road traffic collisions involving drivers in the emergency services from 2011 to 2016: Year...

Written Answers — Department of Justice and Equality: Legal Aid Service (24 May 2017)

Frances Fitzgerald: As the Deputy is aware the Criminal Legal Aid Scheme is a vital element of the criminal justice system. The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid....

Written Answers — Department of Justice and Equality: Visa Data (24 May 2017)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the tables below set out the position in relation to the ten highest number of applications by nationality and a combined figure for all other nationalities (up to 90) for the years requested by the Deputy. I am further advised by INIS that the time taken to complete "join family" visa applications...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Frances Fitzgerald: I thank Deputy Jim O'Callaghan for the work he has done on the Bill. The establishment of a parole board on a statutory basis has been an ongoing Government and Opposition policy objective. There is a need to provide for a more objective and streamlined parole process which, while, of course, being of benefit to the prisoner, has public safety at its core. It is of paramount concern, and...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Frances Fitzgerald: I agree with the amendment.

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Frances Fitzgerald: I do not propose to oppose the amendment. I agree we should define parole candidate. However, it may be necessary to make a small further amendment to the definition by including a reference to section 21 of the Bill. This section provides for a consideration of parole. If amendment No. 67 is agreed, it will allow for applications for parole to be made under that section. A reference in...

Select Committee on Justice and Equality: Parole Bill 2016: Committee Stage (24 May 2017)

Frances Fitzgerald: Amendments Nos. 5 and 6 address the need to ensure the parole board can make recommendations relating to sentence management. Amendments Nos. 72 and 83 are linked to amendment No. 5 and amendments Nos. 3, 45, 50 and 58 are consequential amendments to amendment No. 72. I support the principle of the amendments, which reflect current practice whereby the parole board can and does make various...

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