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Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: Yes.

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: I will give some more detail on amendments Nos. 5, 6 and 57 because I did not get a chance to deal with them earlier. I am absolutely satisfied that what the amendments seek to achieve is addressed in section 22. The majority of the submissions received during the consultation process supported a specific offence, as did the Law Reform Commission in its report on capacity and consent. What...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: We had a long and detailed discussion on this provision on Committee Stage. I did consider it and looked at the section. I will take some time to go into detail on the approach in the Bill and why the various terms are being used. To begin with, the use of the term "protected person" is not related to disability but to the inability to consent to a sexual act. It identifies those persons...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: There have been a number of cases where this has been an issue - for example, cases where people have pretended to be medical professionals and various acts took place which led to court cases where issues of consent and rape became central. With regard to the issues raised by the Deputy, it is important they are included and I am advised they should be. Each case will be considered on its...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: To answer Deputy O’Callaghan, he is correct and of course it would include a member of the clergy or a sports coach. It is absolutely envisaged that they would be dealt with under the definition. Amendment No. 2 proposes to include the words "faith formation" in the definition of a person in authority in section 15 of the Bill. This section amends the definition of person in...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: The example the Deputy has given would be covered under the current definition. A person involved in faith formation or giving classes would come under a number of the definitions in the Bill as it is drafted. It has been subject to a lot of work and was the subject of extensive legal advices and scrutiny during the drafting of the Bill. I reassure the Deputy that the points she makes on...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: I thank Deputies for their responses to these amendments. I have been considering this for a number of months. Deputies in the House raised this issue, as did the Rape Crisis Centre in the person of Ellen O'Malley-Dunlop and Noeline Blackwell, the current chief executive officer. I met with Dr. Susan Leahy, one of the experts on this topic who did her PhD on this subject. She has also met...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Report Stage (1 Feb 2017)

Frances Fitzgerald: I would make the point, which I am sure Deputy Shortall is well aware of, that in all cases where consent is disputed, consent must be decided within the circumstances of each case. The amendment sets out the circumstances which have been identified by our courts as vitiating consent. Whether the Deputy decides to pursue this or not, I ask her to bear in mind the point I have made about it...

Criminal Law (Sexual Offences) Bill 2015 [Seanad]: Order for Report Stage (1 Feb 2017)

Frances Fitzgerald: I move: "That Report Stage be taken now."

Written Answers — Department of Justice and Equality: Proposed Legislation (1 Feb 2017)

Frances Fitzgerald: The position is that the Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs). These are companies registered under the Companies Act, the members of which are the owners...

Written Answers — Department of Justice and Equality: Immigrant Investor Programme Eligibility (1 Feb 2017)

Frances Fitzgerald: I have been informed by the Irish Naturalisation and Immigration Service of my Department that the recent changes to the Immigrant Investor Programme (IIP), published on the INIS website on the 20 December 2016, followed a recommendation of the Expert Independent Evaluation Committee who review and evaluate all applications. The Evaluation Committee recommended that the investment requirement...

Written Answers — Department of Justice and Equality: European Fund for Strategic Investments (1 Feb 2017)

Frances Fitzgerald: I can advise the Deputy that my Department has not submitted any projects to the Department of Finance for the task force report mentioned.

Written Answers — Department of Justice and Equality: Military Aircraft Landings (1 Feb 2017)

Frances Fitzgerald: I am informed by the Garda Authorities that their records indicate that requests were received in respect of 30 military aircraft which were on the runway at Shannon Airport during the period 2014 to 2016. In the time available it has not proved possible to provide a breakdown by year of the number of searches requested. I will forward this information to the Deputy when it is to hand from...

Written Answers — Department of Justice and Equality: Naturalisation Applications (1 Feb 2017)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing and will be submitted to me for decision as expeditiously as possible. As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege...

Ceisteanna - Questions: Official Engagements (31 Jan 2017)

Frances Fitzgerald: The issue of going to the White House.

Ceisteanna - Questions: Brexit Issues (31 Jan 2017)

Frances Fitzgerald: Yes.

Ceisteanna - Questions: Brexit Issues (31 Jan 2017)

Frances Fitzgerald: Deputy Martin is right.

Ceisteanna - Questions: Brexit Issues (31 Jan 2017)

Frances Fitzgerald: Yes.

Written Answers — Department of Justice and Equality: Commercial Rates Valuation Process (31 Jan 2017)

Frances Fitzgerald: Action Number 76 of the Government's Action Plan for Rural Development, "Realising Our Rural Potential", published on 23 January 2017, provided a commitment to conduct a revaluation of commercial properties in nine rural counties to ensure fairness and equity in the levying of commercial rates on business with a view to rolling out to further counties in 2017. The Valuation Office is...

Written Answers — Department of Justice and Equality: Garda Reports (31 Jan 2017)

Frances Fitzgerald: The report to which the Deputy refers is a draft interim Internal Audit Report of the financial procedures in the Garda College prepared by the Internal Audit Section of An Garda Síochána. My Department received a copy of the draft report from An Garda Síochána's Head of the Internal Audit on 16 September 2016. I understand that the draft report was sent to all...

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