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Written Answers — Department of Justice and Equality: Legal Aid (1 Jul 2021)

Hildegarde Naughton: The Criminal Justice (Legal Aid) Act, 1962, which is the primary legislation covering the operation of the Criminal Legal Aid Scheme, provides that free legal aid may be granted, in certain circumstances, for the defence of persons of insufficient means in criminal proceedings. Under the Scheme, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant...

Written Answers — Department of Justice and Equality: Online Safety (1 Jul 2021)

Hildegarde Naughton: The Deputy may be aware that 'Coco's Law', also referred to as the Harassment, Harmful Communications and Related Offences Act, entered into force on 10 February 2021. Among other provisions, it creates new offences of sending, or threatening to send, intimate images without the consent of the person whose image it is. The Deputy will appreciate that as the Act is only in force since...

Written Answers — Department of Justice and Equality: Prison Service (1 Jul 2021)

Hildegarde Naughton: I propose to take Questions Nos. 347 and 348 together. The information requested by the Deputy is set out in the table below. Dochas Category A Complaints Total Complaints Not sustained due to no reasonable grounds Not possible to make a determination Outside the scope for investigation Vexatious Without foundation 2018 ...

Written Answers — Department of Justice and Equality: Prison Service (1 Jul 2021)

Hildegarde Naughton: I propose to take Questions Nos. 349 and 350 together. All prisoners committed to prison are subject to a comprehensive medical assessment by the Prison Healthcare Team and Hepatitis C screening is offered to all new prisoners as part of this assessment. Prisoners can also request Hepatitis C screening through their local Prison Healthcare Team at any stage of their time in custody. All...

Written Answers — Department of Justice and Equality: Family Law Cases (1 Jul 2021)

Hildegarde Naughton: I propose to take Questions Nos. 352 and 353 together. Family law reform is a major element of the Justice Plan 2021. The Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated Family Court within the existing court structure and provide for court procedures that support a faster and less adversarial resolution of disputes in specialised...

Written Answers — Department of Justice and Equality: Online Safety (1 Jul 2021)

Hildegarde Naughton: I am advised by the Garda Authorities that despite extensive checks conducted on PULSE, no incident type of relevance to the specific type of behaviour referred to by the Deputy, which appears to equate more to defamation rather then harassment, were found. Checks were conducted on all charge wordings and there are none which contain reference to defamation which may be a civil matter....

Written Answers — Department of Justice and Equality: Prison Service (1 Jul 2021)

Hildegarde Naughton: I propose to take Questions Nos. 355 and 356 together. As the Deputy will be aware, the Office of the Inspector of Prisons is a statutory body, independent in its work, set up under the Prisons Act 2007. The section 31(2) report referred to by the Deputy has not yet been furnished to me by the Inspector of Prisons. However, the Inspector continues to engage with my officials regarding the...

Written Answers — Department of Justice and Equality: Prison Service (1 Jul 2021)

Hildegarde Naughton: As the Deputy will be aware, the Office of the Inspector of Prisons is a statutory body, independent in its work, set up under the Prisons Act 2007. The Inspector's key role is to carry out regular inspections of prisons. The Office is required to inspect the twelve prisons in Ireland to examine the treatment and conditions of prisoners and staff. In response to the COVID-19 pandemic, and...

Written Answers — Department of Justice and Equality: Proposed Legislation (1 Jul 2021)

Hildegarde Naughton: As the Deputy will be aware, Council Framework Decision 2008/909/JHA of 27 November 2008 relates to the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union. Legislation to transpose Framework Decision 2008/909/JHA is being...

Civil Law (Miscellaneous Provisions) Bill 2021: Committee and Remaining Stages (30 Jun 2021)

Hildegarde Naughton: Yes, but it is only-----

Civil Law (Miscellaneous Provisions) Bill 2021: Committee and Remaining Stages (30 Jun 2021)

Hildegarde Naughton: The purpose here is to serve alcohol for patrons who are seated outside the licensed premises.

Civil Law (Miscellaneous Provisions) Bill 2021: Committee and Remaining Stages (30 Jun 2021)

Hildegarde Naughton: Yes, that is my understanding-----

Civil Law (Miscellaneous Provisions) Bill 2021: Committee and Remaining Stages (30 Jun 2021)

Hildegarde Naughton: It is for serving customers who are on the licensed premises. The purpose of the Bill is that they can be served alcohol within the licensed area outside and adjoining the premises. That is what this Bill covers, namely, the serving of alcohol to customers of the establishment in an outdoor area of that establishment.

Civil Law (Miscellaneous Provisions) Bill 2021: Committee and Remaining Stages (30 Jun 2021)

Hildegarde Naughton: The important word is "serving". It is not an off-licence.

Civil Law (Miscellaneous Provisions) Bill 2021: Committee and Remaining Stages (30 Jun 2021)

Hildegarde Naughton: To respond first to Deputy McNamara, his interpretation is not correct. An outdoor seating area is clearly defined as an area "abutting the premises". That is the area we are talking about here. Regarding the number of seated patrons, which was raised by Deputies Howlin and Mattie McGrath, the number of seated patrons who can be accommodated in the area must not exceed the number of...

Civil Law (Miscellaneous Provisions) Bill 2021: Committee and Remaining Stages (30 Jun 2021)

Hildegarde Naughton: The sale or supply of intoxicating liquor by the licensee in the outdoor seating area should not be the primary purpose of the business. 7 o’clock Basically, they will be able to serve alcohol there but it will not work like an off-licence. It is for the patrons on site. What this is doing is-----

Civil Law (Miscellaneous Provisions) Bill 2021: Committee and Remaining Stages (30 Jun 2021)

Hildegarde Naughton: I will not accept the amendment. The proposed amendment removes paragraph (d) of the definition of a "specified person" to exclude, in the context of an outdoor seating area, any other person for the time being in charge of a premises. With regard to a relevant premises, a specified person means a licensee, occupier, manager or another person in charge of the premises at the time. This is...

Civil Law (Miscellaneous Provisions) Bill 2021: Second Stage (30 Jun 2021)

Hildegarde Naughton: I thank the Deputies for their contributions over the course of the debate of this Bill and for the constructive engagement by the House to progress this matter as quickly as possible. The measures in this Bill provide that a licensee may sell alcohol to persons in an outdoor seating area not within their licensed premises and provide for an increase in the number of judges in the High...

Written Answers — Department of Transport, Tourism and Sport: Road Traffic Offences (30 Jun 2021)

Hildegarde Naughton: This is an idea which I know has been raised by a number of people. There are no specific proposals at present. We can all see that in theory it might be of assistance in addressing road traffic problems. However, there are serious issues to consider. The Road Traffic legislation which governs camera apparatus used by the Garda to provide evidence - speed cameras in particular - sets...

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