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Seanad: Criminal Justice Bill 2013: Committee and Remaining Stages (11 Jun 2013)

Alan Shatter: I will come back to that. It is a very interesting suggestion and I will certainly follow it up. I am conscious that people can, with great simplicity, acquire mobile telephones. Some of our regular criminals have managed to do this and then dispose of them in the context of certain types of telephones. I am happy to hear any ideas which might render it easier to identify who is using...

Seanad: Criminal Justice Bill 2013: Committee and Remaining Stages (11 Jun 2013)

Alan Shatter: I thank the Senator for raising these issues. Part 3 is an important new provision in our legislation, which should have been put in place years ago. It is important that it be put in place because it is essentially about saving lives. Section 19 defines a serious threat as an imminent threat that an explosive or other lethal device will be activated by use of a mobile communications...

Seanad: Criminal Justice Bill 2013: Committee and Remaining Stages (11 Jun 2013)

Alan Shatter: I will respond briefly to the Senator because the issue of banks not always dealing appropriately with individuals who are burdened with debt or are seeking to borrow funds in circumstances where there is either reasonable security for the funds or reasonable capacity to pay has absolutely nothing to do with this legislation. All we are doing between the original section 29 of the 2010 Act...

Seanad: Criminal Justice Bill 2013: Committee and Remaining Stages (11 Jun 2013)

Alan Shatter: This section provides for miscellaneous amendments to the 2010 Act which are consequential on those contained in section 15. Section 15 provides for subsidiaries of a credit or financial institution operating as a trust or company service provider to be authorised and monitored by the Central Bank, rather than the Minister for Justice and Equality. For this reason, the reasons cited cease...

Seanad: Criminal Justice Bill 2013: Committee and Remaining Stages (11 Jun 2013)

Alan Shatter: Section 10 amends section 39 of the 2010 Act. It deals with the application of additional customer due diligence measures, the enhanced CDD the Senator mentioned, to a customer or beneficial owner where there is a high risk of money laundering or terrorist financing. The current legislative provisions provide for the option of applying enhanced CDD by the designated person. The amendment...

Seanad: Criminal Justice Bill 2013: Committee and Remaining Stages (11 Jun 2013)

Alan Shatter: Section 4 provides for amendments to the definition of "occasional transaction", which is contained in section 24 of the Act of 2010. The definition provides that an occasional transaction in relation to a customer of a designated person means a single transaction or series of transactions that are or appear to be linked to each other where the total amount reaches €15,000. This will...

Seanad: Criminal Justice Bill 2013: Committee and Remaining Stages (11 Jun 2013)

Alan Shatter: Section 9 substitutes section 37(4) of the Act of 2010, which is part of Chapter 3 of Part 4 of the Act, and deals with customer due diligence, CDD. Section 37 sets out the enhanced CDD measures to be taken by a designated person in relation to customers who are politically exposed persons, PEPs. For the purposes of the Act, a politically exposed person is a person residing outside the...

Written Answers — Department of Justice and Equality: EU Conventions (11 Jun 2013)

Alan Shatter: I propose to take Questions Nos. 647, 648, 661, 662, 666, 667, 678, 681, 683, 713, 718, 719, 723, 729, 730, 734, 737 and 739 together. Ireland supports, in principle, the aims and terms of the Council of Europe Convention on preventing and combating violence against women and domestic violence. It is a detailed Convention with a very broad scope across a number of policy areas with...

Written Answers — Department of Justice and Equality: Assisted Suicide Issues (11 Jun 2013)

Alan Shatter: The Supreme Court in its judgment in Fleming v Ireland and Others (delivered on 29 April last) upheld the constitutionality of section 2(2) of the Criminal Law (Suicide) Act 1993. Section 2(2) provides for the offence of assisted suicide. While acknowledging the very distressing situation of the appellant, the Court held that there is no constitutional right to commit suicide or to arrange...

Written Answers — Department of Justice and Equality: Residency Permits (11 Jun 2013)

Alan Shatter: There is no special or separate policy in place as regards holders of Latvian Alien Passports who wish to be considered for naturalisation or are seeking residence. These persons are treated in the same way as any non-EEA national who applies for residence/naturalisation and such applications are considered on an individual basis taking into account the varying circumstances that pertain....

Written Answers — Department of Justice and Equality: Coroners Service (11 Jun 2013)

Alan Shatter: I propose to take Questions Nos. 651 and 687 together. The Coroners Bill 2007 is before the Seanad having been restored to the Order Paper on my initiative. The Bill is in the course of being reviewed with a view, among other matters, to making it as cost-effective as possible. All administrative matters in regard to coroners, including in regard to funding and the role of the local...

Written Answers — Department of Justice and Equality: Traffic Fines (11 Jun 2013)

Alan Shatter: I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.

Written Answers — Department of Justice and Equality: Garda Training College (11 Jun 2013)

Alan Shatter: I propose to take Questions Nos. 653 and 748 together. There are no plans to relocate or transfer any part of the Garda Training College in Templemore from its current location.

Written Answers — Department of Justice and Equality: Anti-Social Behaviour (11 Jun 2013)

Alan Shatter: I propose to take Questions Nos. 654, 664 and 740 together. I have requested a report from the Garda authorities in relation to the matters raised in the correspondence referred to by the the Deputy . I will contact the Deputy directly as soon as the report is to hand.

Written Answers — Department of Justice and Equality: Stardust Fire Tragedy Inquiry (11 Jun 2013)

Alan Shatter: I propose to take Questions Nos. 655 and 749 together. As the Deputies are aware, Mr. Paul Coffey SC was appointed in 2008 by the then Government, with the agreement of the Victims Committee, to review the case made by the Committee for a new inquiry into the fire. Mr. Coffey publicly invited submissions from all interested parties and the Committee gave oral evidence over three days and...

Written Answers — Department of Justice and Equality: Drugs Crime (11 Jun 2013)

Alan Shatter: I wish to advise the Deputy that there are already in place a number of legislative provisions aimed at those who assist offenders, or who solicit or incite others to engage in criminal activity. Under section 7 of the Criminal Law Act 1997 any person who aids, abets, counsels or procures the commission of an indictable offence is liable to be indicted, tried and punished as a principal...

Written Answers — Department of Justice and Equality: EU Issues (11 Jun 2013)

Alan Shatter: A proposal for a Council Regulation on the Statute for a European Foundation was published by the European Commission on 8 February 2012. The proposal seeks to establish a new European legal form intended to facilitate the establishment and operations of foundations in the single European market. The proposal is currently under discussion at official level in the Competitiveness Council...

Written Answers — Department of Justice and Equality: Garda Vetting Applications (11 Jun 2013)

Alan Shatter: The Garda Central Vetting Unit (GCVU) does not provide Garda clearance. The function of the GCVU is to conduct Garda vetting checks in respect of Garda vetting applications submitted by registered organisations and to issue Garda vetting disclosures to such organisations. I am informed by the Garda authorities that a vetting application on behalf of the individual referred to by the Deputy...

Written Answers — Department of Justice and Equality: Family Reunification Policy (11 Jun 2013)

Alan Shatter: While substantial numbers of persons hold Stamp 4 permissions and such persons are entitled to work without a permit there is no standardised entitlement to Irish residence for their family members. Each case is examined on its merits and, where the person is visa required, this is done as part of the visa process. For example, one of the issues to be considered is the potential for the...

Written Answers — Department of Justice and Equality: Immigration Status (11 Jun 2013)

Alan Shatter: I am advised by the Irish Naturalisation and Immigration Service that the person mentioned by the Deputy was first registered in the State as a student on 22 March 2007. Her permission to remain here expired on 26 March 2013. The guidelines for non-EEA national students registered in the State are available on the INIS website at www.inis.gov.ie. As the person concerned no longer has...

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