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Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: I move amendment No. 28:In page 26, between lines 19 and 20, to insert the following:“(5) Where no disclosure application has been made by the accused in respect of a counselling record under subsection (3) and the prosecutor believes that it is in the interests of justice that the record should be disclosed, the prosecutor may make a disclosure application in writing to the court....

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: The Deputy's amendment proposes the removal of the section.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: Yes, but that would not achieve what the Deputy has spoken about. The penalty would be left as a life sentence for the male. On the point Deputy made, his amendment would not result in making that change. I would just make that point.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: However, it would not change it for the male and we would revert to the earlier Act. I am just pointing that out. It is a very complex area of law dealing with very complex family situations. I would be concerned that there would be unknown or unintended consequences in amending this area of law in the manner suggested. I would ask the Deputy to take on board what I have said with...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: We are not accepting the amendment.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (Resumed) and Final Stage (7 Feb 2017)

Frances Fitzgerald: I will go into some detail on this in order to be helpful. Sections 27 and 28 simply update and restate the existing provisions in the Punishment of Incest Act 1908 in so far as the offence of incest is committed by a male or female. We are trying to update the language and provisions of a very old Act. It will bring the penalty for incest by a female into line with that of a male. The...

Written Answers — Department of Justice and Equality: Brexit Issues (7 Feb 2017)

Frances Fitzgerald: I propose to take Questions Nos. 99 and 132 together. There are no UK Border Force Officers based at Irish airports or ports and there are no discussions taking place in this regard. It has always been the case that Ireland and the United Kingdom cooperate closely on jointly securing the external border of the Common Travel Area (CTA) and we will continue to cooperate, and to...

Written Answers — Department of Justice and Equality: Ground Rents Abolition (7 Feb 2017)

Frances Fitzgerald: I propose to take Questions Nos. 102 and 105 together. As regards the abolition of ground rents, the position is that this matter was examined in great detail by the All-Party Oireachtas Committee on the Constitution in their 2004 Report on 'Private Property'. The Committee took the view that a ground landlord's ground rent is a form of property right which is constitutionally protected and...

Written Answers — Department of Justice and Equality: Refugee Resettlement Programme (7 Feb 2017)

Frances Fitzgerald: The two Council Decisions on Relocation which were adopted in September 2015, and which Ireland voluntarily opted-into, provide for the relocation from Italy and Greece of a total of 160,000 persons in need of international protection over a 2 year period. The Council Conclusions on Resettlement agreed in July 2015 provide for the resettlement of 20,000 persons also over a two year period....

Written Answers — Department of Justice and Equality: Garda Misconduct Allegations (7 Feb 2017)

Frances Fitzgerald: I propose to take Questions Nos. 104 and 119 together. The tragic case to which the Deputy refers was considered under the Independent Review Mechanism - IRM - established to review certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which were made to me as Minister for Justice and Equality, or the Taoiseach. The recommendation made by...

Written Answers — Department of Justice and Equality: Immigration Data (7 Feb 2017)

Frances Fitzgerald: I propose to take Questions Nos. 106, 111 and 138 together. Persons who avail of the US preclearance facilities in the State do so voluntarily as provided for in the Aviation (Preclearance) Act 2009 and decisions taken by the US authorities at US preclearance facilities in the State on clearance to board US bound aircraft are taken solely by the US authorities. The matter has been...

Written Answers — Department of Justice and Equality: UN Convention on the Rights of Persons with Disabilities (7 Feb 2017)

Frances Fitzgerald: Having regard to the rules of the House in relation to Questions asked on a details supplied basis, my Department made contact with the Deputy and I understand that I have his agreement to disclose the subject matter in my reply to the extent necessary to ensure that my answer is useful and informative. The details supplied relate to ratification of the UN Convention on the Rights of Persons...

Written Answers — Department of Justice and Equality: Courts Staff (7 Feb 2017)

Frances Fitzgerald: County Registrars are officers of the court and are independent in the exercise of their functions and duties under statute and rules of court. County Registrars and Sheriffs are appointed by Government. The County Registrar is a Statutory Officer of the Circuit Court, the higher of the two courts of local and limited jurisdiction within the courts system, which exercises first instance...

Written Answers — Department of Justice and Equality: Residency Permits (7 Feb 2017)

Frances Fitzgerald: I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that a letter recently issued to the person concerned in relation to the granting of the person's permission to remain in the state for a period of five years, expiring on 1 February 2022, under the provisions of the European Communities (Free Movement of Persons) Regulations 2015. While the letter sets...

Written Answers — Department of Justice and Equality: Legislative Measures (7 Feb 2017)

Frances Fitzgerald: Section 95 of the Assisted Decision-Making (Capacity) Act 2015 provides for the functions of the Director of the Decision Support Service (DSS). Many of the functions specified in section 95(1) relate to the very important role that the Director will have in raising public awareness and providing information to the public. These functions include promoting public awareness of the Act,...

Written Answers — Department of Justice and Equality: Garda Misconduct Allegations (7 Feb 2017)

Frances Fitzgerald: The tragic case to which the Deputy refers was considered under the Independent Review Mechanism. The role of the Review Mechanism was to review certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which were made to me as Minister for Justice and Equality, or the Taoiseach. The recommendation made in this particular case was that I should...

Written Answers — Department of Justice and Equality: Garda Deployment (7 Feb 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 Civilian Staff Duties (7 Feb 2017)

Frances Fitzgerald: I was pleased to announce on Budget day that the Government has approved my proposal that by 2021 the overall Garda workforce should comprise a total of 21,000 personnel; to include 15,000 Garda members, 2,000 Garda Reserve members and 4,000 civilians. I am informed by the Garda Commissioner that there are currently in the region of 2,000 civilians undertaking administrative and technical...

Written Answers — Department of Justice and Equality: Garda Data (7 Feb 2017)

Frances Fitzgerald: This Government is committed to ensuring visible, effective and responsive policing throughout the country in order to strengthen community engagement, provide reassurance to citizens and prevent crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and...

Written Answers — Department of Justice and Equality: Garda Misconduct Allegations (7 Feb 2017)

Frances Fitzgerald: The Inquiry to which the Deputy refers is to be established following my acceptance of a recommendation by the panel of the Independent Review Mechanism. The role of the Independent Review Mechanism was to review complaints of Garda misconduct. Officials in my Department have consulted with the Office of the Attorney General with regard to matters concerning the establishment of this...

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