Results 3,821-3,840 of 20,459 for speaker:Frances Fitzgerald

Written Answers — Department of Justice and Equality: Residency Permits (8 Dec 2016)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a deportation order made on 17th January 2013. Representations were received from the person concerned requesting that the Deportation Order be revoked, pursuant to the provisions of Section 3 (11) of the Immigration Act 1999 (as amended). Following the...

Written Answers — Department of Justice and Equality: Naturalisation Applications (8 Dec 2016)

Frances Fitzgerald: I refer the Deputy to my answer to his Parliamentary Question no. 54 of 24 November 2016. 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 coming to a conclusion and that the case is due to be submitted for decision in the near...

Written Answers — Department of Justice and Equality: Garda Deployment (8 Dec 2016)

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: State Bodies Data (8 Dec 2016)

Frances Fitzgerald: As the Deputy will be aware, the achievement of gender balance of 40% on State boards is a target in the Programme for a Partnership Government and will be pursued as part of the forthcoming National Women's Strategy. There are 22 state boards under the remit of my Department. The information requested by the Deputy in relation to these boards is set out in the table. Name of Board...

Written Answers — Department of Justice and Equality: Ministerial Staff (8 Dec 2016)

Frances Fitzgerald: I propose to take Questions Nos. 67 and 68 together. Under the arrangements for Ministerial Appointments for the 32nd Dáil, the employment of Parliamentary, Personal and Secretarial Assistants falls under the responsibility of the Houses of the Oireachtas. I employ one Personal Secretary, one Parliamentary Assistant and one Secretarial Assistant. I have three Special Advisors to...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I thank all the Deputies who proposed these amendments. It is an issue I have been considering and about which I have been concerned. I have heard the voices of people who believe such a provision should be in the Bill. I agree in principle with what Deputies Coppinger and O'Callaghan and others suggest, that is, that we should provide in statute for a definition of consent and clarify in...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I will do my best.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: It is an Opposition amendment.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: It is correct to include a definition. That is the approach that has been taken in most common law countries. Deputy Daly raised the point about the definition not being too restrictive. The intention is to have a list but also to include a subsection with a non-exhaustive list under which other factors could be considered. That is the direction we want to move in on this. If Deputies...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 2: In page 9, lines 17 and 18, to delete all words from and including “Section” in line 17 down to and including line 18 and substitute the following: “Section 3 of the Act of 1998 is amended-- (a) by the repeal of subsections (2A) and (2B), and (b) in subsection (5), by the substitution of the following definition for the definition of...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 3: In page 10, line 19, to delete “14 years” and substitute “14 years or both”. This amendment corrects the text to allow for both a fine and a period of investment to be imposed.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: Deputy Daly's amendment, among others, raises a point about language. Lest there be any doubt, our approach uses the language contained in the UN Convention on the Rights of Persons with Disabilities. The convention reads: "States Parties shall take all appropriate legislative, administrative, social, educational and other measures to protect persons with disabilities," etc. That is the...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: The use of the term "protected person" in section 21 is to distinguish the fact that the protected person in this instance does not have the capacity to consent by reason of disability. We need to distinguish the two. This is the reason.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I shall address amendment No. 9. It adds a new subsection to section 21, which I assume is an alternative to amendment No. 7, also proposed by Deputy O'Brien. The amendment includes a declaration that a relevant person has capacity unless the contrary is shown. I fully appreciate what the Deputy is trying to achieve here and I received legal advice on the need for such a provision as there...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I accept the Deputy's point about normalisation and the approach should reflect that as much as possible. The Deputy referred to consent for other people and that will be dealt with in the definition of consent that I will bring in. Everybody who has looked at this, from the UN to the Law Reform Commission has said that there are particular protections that are necessary if a person has a...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I am advised that these are particular criminal law provisions necessary to deal with the points that I have outlined. There are also a further 22 provisions in relation to prosecutions to say that no proceedings for an offence under this part shall be brought except by or with the consent of the Director of Public Prosecutions. This is a sort of protection to the Deputy's point. There is...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: I move amendment No. 5: 5. In page 16, between lines 25 and 26, to insert the following: “Definitions 20.In this Part— “sexual act” means— (a) an act consisting of— (i) sexual intercourse, or (ii) buggery, (b) an act described in section 3(1) or 4(1) of the Act of 1990, or (c) an act which if done without consent would constitute a sexual...

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: It is simply that this is the appropriate definition of sexual acts and is in accordance with section 1(2) of the 1981 Act. It is being added to the existing definition in the Bill and it is in accordance with how it is defined in the 2006 Act.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: Perhaps Deputy Daly intended to oppose the next section. She has opposed the definition which is straightforward. It is just putting in what is in place in other Acts.

Select Committee on Justice and Equality: Criminal Law (Sexual Offences) Bill 2015: Committee Stage (7 Dec 2016)

Frances Fitzgerald: No because it is only the definition, which is in line with all other legislation. Why would I oppose a straightforward definition? It is not possible to prosecute under section 21 if section 20 is deleted.