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Criminal Justice (Suspended Sentences of Imprisonment) Bill 2016 [Seanad]: Referral to Select Committee (24 Jan 2017)

Frances Fitzgerald: I move:That the Bill be referred to the Select Committee on Justice and Equality pursuant to Standing Orders 84A(3)(a) and 149(1).

Criminal Justice (Suspended Sentences of Imprisonment) Bill 2016 [Seanad]: Second Stage (24 Jan 2017)

Frances Fitzgerald: I thank Deputies for their response to the legislation. I am pleased they have accepted the Bill and that it can proceed to Committee Stage. It is a short and technical Bill, but it is significant. I thank the Deputies for their support and I welcome their comments. Deputy O'Callaghan made thoughtful comments on sentencing. Deputy O'Brien raised the question of mandatory sentencing,...

Criminal Justice (Suspended Sentences of Imprisonment) Bill 2016 [Seanad]: Second Stage (24 Jan 2017)

Frances Fitzgerald: I move: "That the Bill be now read a Second Time." I am very pleased to have this opportunity to introduce the Criminal Justice (Suspended Sentences of Imprisonment) Bill 2016. It is a relatively short and technical Bill but it is also important. The Bill's primary purpose is to address Mr. Justice Moriarty’s High Court judgment of 19 April last which found certain provisions of...

Topical Issue Debate: Airport Security (24 Jan 2017)

Frances Fitzgerald: It is important that we have Interpol's lost and stolen travel documents database and that it is working effectively. I am of the view that it will and should provide reassurance to people about data checking. I refer here to a variety of issues relating to alerts being on the system. It is good that we are part of the collaboration involved. The reason for some of the work I have been...

Topical Issue Debate: Airport Security (24 Jan 2017)

Frances Fitzgerald: I thank Deputies for raising this important topic. As Tánaiste and Minister for Justice and Equality, maintaining the security of our borders is always an absolute priority for me. I assure the Deputies that this matter is being taken very seriously by the Government and I thank them for providing me with the opportunity to update the House on it. Security at our airports and ports is...

Written Answers — Department of Justice and Equality: Garda Misconduct Allegations (24 Jan 2017)

Frances Fitzgerald: I am aware of the media reports referred to by the Deputy. While I would of course be concerned about the serious allegations therein, I have, as the Deputy is aware, no role in relation to the investigation of criminal complaints. That is a matter for either the Garda Síochána or, in relevant cases, the Garda Síochána Ombudsman Commission. The Garda Síochána...

Written Answers — Department of Justice and Equality: Garda Vetting Applications (24 Jan 2017)

Frances Fitzgerald: I propose to take Questions Nos. 95 and 96 together. As the Deputy will be aware, Garda Vetting is conducted by the Garda National Vetting Bureau on behalf of relevant organisations that are registered with the Bureau whose employees, paid or otherwise, are carrying out any work or activity, a necessary and regular part of which consists mainly of the person having access to, or contact...

Written Answers — Department of Justice and Equality: Residency Permits (24 Jan 2017)

Frances Fitzgerald: I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned had permission to remain in the State under the Irish Third Level Graduate Scheme. This permission expired on 30 August 2016. I have also been informed that the person concerned subsequently made a separate application in 2016 for permission to remain in this State....

Written Answers — Department of Justice and Equality: Family Law Cases (24 Jan 2017)

Frances Fitzgerald: I am assuming that the Deputy is referring to section 34 of the Judicial Separation and Family Law Reform Act 1989 which provides that proceedings under that Act shall be heard otherwise than in public. The purpose of the in camerarule in family law proceedings is to protect the identity of the parties and any child to whom the proceedings relate. While the general principleas set out in...

Written Answers — Department of Justice and Equality: Deportation Orders Re-examination (24 Jan 2017)

Frances Fitzgerald: I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person referred to was deported from the State on the 19th of January, 2017. The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been...

Written Answers — Department of Justice and Equality: Policing Co-operation (24 Jan 2017)

Frances Fitzgerald: The Deputy will appreciate that, as Minister for Justice and Equality, I have no function in respect of correspondence between the Police Service of Northern Ireland and the London Metropolitan Police Service. The Garda Authorities are in ongoing contact with their counterparts in the London Metropolitan Police Service in the context of co-operation across a full range of policing issues....

Written Answers — Department of Justice and Equality: Deportation Orders Data (24 Jan 2017)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service of my Department that a deportation order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court,...

Written Answers — Department of Justice and Equality: Garda Vetting Applications (24 Jan 2017)

Frances Fitzgerald: As the Deputy will appreciate, the processing of vetting applications by the Garda National Vetting Bureau is an operational matter for the Garda Authorities and is carried out in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-1016 and other relevant law. I am informed by the Garda Authorities that a vetting application was...

Written Answers — Department of Justice and Equality: Gender Recognition (24 Jan 2017)

Frances Fitzgerald: I am informed by the Director General of the Irish Prison Service that a prisoner is committed to prison by the Courts Service as per the Consolidated Committal Order based on their legal identity. The Prison Service accept the prisoner on the basis of the Consolidated Committal Order, which refers to male or female gender. I am further advised by the Irish Prison Service that on...

Written Answers — Department of Justice and Equality: Property Services Regulatory Authority (24 Jan 2017)

Frances Fitzgerald: The Property Services Regulatory Authority (PSRA) was formally established in 2012 pursuant to the provisions of the Property Services (Regulation) Act 2011. Section 63 of the 2011 Act provides that a person may make a complaint to the PSRA alleging improper conduct on the part of a licensed property service provider. Subject to a basic assessment under Section 63 of the admissibility of the...

Written Answers — Department of Justice and Equality: Court Accommodation Refurbishment (24 Jan 2017)

Frances Fitzgerald: As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that...

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

Frances Fitzgerald: I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of De Facto Partner Permission applications may take up to six months due to the increase in volume of applications over the past year. Each case must be examined on its merits. I can inform the Deputy that appeals for De Facto Partner Permission applications are generally at...

Written Answers — Department of Justice and Equality: Prisoner Data (24 Jan 2017)

Frances Fitzgerald: I am informed by the Irish Prison Service that a total of 16 life sentenced prisoners were committed to prison in 2016. I am also informed that a total of 7 life sentence prisoners were released into the community in 2016 and 4 life sentenced prisoners were recalled to prison in 2016. Life sentenced prisoners who are released into the community continue to serve their sentences are...

Written Answers — Department of Justice and Equality: Prisoner Data (24 Jan 2017)

Frances Fitzgerald: I am informed by the Irish Prison Service that a total of 7 life sentenced prisoners were released into the community in 2016. The average length of sentence served in custody by these seven prisoners prior to release was approximately 22 years. On 31 December 2016 there were 352 prisoners in custody serving life sentences. There were a further 83 prisoners serving life sentences in the...

Written Answers — Department of Justice and Equality: Garda Districts (24 Jan 2017)

Frances Fitzgerald: The Deputy will appreciate that the Garda Commissioner is primarily responsible for decisions in relation to the distribution of Garda resources and I, as Minister, have no direct role in these matters. The Deputy will be aware that the Garda District and Station Rationalisation Programme, which was implemented in An Garda Síochána during 2012 and 2013, sought to identify...

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