Results 5,281-5,300 of 21,096 for speaker:Charles Flanagan

Written Answers — Department of Justice and Equality: Garda Expenditure (3 Apr 2019)

Charles Flanagan: As the Deputy will appreciate, there has been an unprecedented level of investment in Garda resources across the State in recent years. The budgetary allocation to An Garda Síochána for 2019 amounts to €1.76 billion. In accordance with the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing and controlling the...

Seanad: Judicial Council Bill 2017: Committee Stage (2 Apr 2019)

Charles Flanagan: I am reluctant to enter into a debate on prison infrastructure and policy but, lest that reluctance be interpreted as indifference, I have lived and worked throughout my career in the town of Portlaoise, which is perhaps best known for its prison complex, the largest urban prison complex in Great Britain and Ireland. I am very familiar with the workings of prison and with prison policy and...

Seanad: Judicial Council Bill 2017: Committee Stage (2 Apr 2019)

Charles Flanagan: This amendment follows the publication language used in section 39 on the specification by the conduct committee of procedures relating to matters such as the making and investigation of complaints. It goes without saying that the adoption in this context implies publication. However, having regard to the fact that the Bill does not explicitly mandate publication, it seems desirable in the...

Seanad: Judicial Council Bill 2017: Committee Stage (2 Apr 2019)

Charles Flanagan: This reflects what has been a tradition - that of recusal - whereby judges may wish from time to time to recuse themselves from hearing a particular case independent of any application or after an application that recusal is appropriate in the circumstances. The test of recusal is one of objective bias. Essentially, if a reasonable and fair-minded person in possession of all the relevant...

Seanad: Judicial Council Bill 2017: Committee Stage (2 Apr 2019)

Charles Flanagan: This is a technical amendment.

Seanad: Judicial Council Bill 2017: Committee Stage (2 Apr 2019)

Charles Flanagan: The purpose of this amendment is to tidy up a small anomaly.

Seanad: Judicial Council Bill 2017: Committee Stage (2 Apr 2019)

Charles Flanagan: The purpose of this amendment is to correct a typographical error.

Seanad: Judicial Council Bill 2017: Committee Stage (2 Apr 2019)

Charles Flanagan: The amendment proposes the deletion of section 43(7). The reason is that the subsection is in many ways superfluous having regard to the content of section 43(6) as well as sections 47 and 51. These provisions deal with the matter of notifications to a judge where a complaint has been referred to a panel of inquiry for investigation.

Seanad: Judicial Council Bill 2017: Committee Stage (2 Apr 2019)

Charles Flanagan: The amendments I have tabled reflect those tabled by Senator Clifford-Lee and Senator Ó Donnghaile. I appeal to Senators in the spirit of compromise that has been evident over the past hour or so to accept my proposals having regard to the fact that they are designed to achieve what is a common objective, that is to say, increased transparency, subject to the need to address what might...

Seanad: Judicial Council Bill 2017: Committee Stage (2 Apr 2019)

Charles Flanagan: There was something of an element of discourse here and arising from that I felt that in the interests of balance, we should proceed along the lines which we are now doing.

Seanad: Judicial Council Bill 2017: Committee Stage (2 Apr 2019)

Charles Flanagan: I confirm that the amendment mirrors the provision which applies to hearings by a panel of inquiry, whereby both a judge and a complainant are notified in writing of the date, time and place of the hearing in sufficient time to allow them to prepare for the hearing. Under section 66, the conduct committee may also conduct a hearing before making a determination on a complaint on which a...

Seanad: Judicial Council Bill 2017: Committee Stage (2 Apr 2019)

Charles Flanagan: This deals with the powers under section 56 relating to witnesses. Evidence in the context of an investigation by a panel of inquiry covers matters such as enforcing the attendance of witnesses and examining witnesses on oath. The proposed amendment ensures coherence between the arrangements in place in respect of a panel of inquiry's investigations and the arrangements in place in respect...

Seanad: Judicial Council Bill 2017: Committee Stage (2 Apr 2019)

Charles Flanagan: This is the referral by the conduct committee to the Minister of a matter relating to the conduct or capacity of a judge for the purposes of Article 35.4 of the Constitution. The provision in the Bill relates to a particularly sensitive issue, namely, dealing with a referral by the conduct committee to the Minister for Justice and Equality of a matter which warrants the proposing of a motion...

Seanad: Judicial Council Bill 2017: Committee Stage (2 Apr 2019)

Charles Flanagan: Senators will be aware that when the Bill was first published, the provision which allowed for imprisonment where there had been unauthorised disclosure of evidence given in a private hearing was the subject of some criticism in the Houses and across society. Having regard to the earlier debate we had on the role and function of prison, I have taken on board the fact that a penalty of this...

Seanad: Judicial Council Bill 2017: Committee Stage (2 Apr 2019)

Charles Flanagan: This amendment provides for the payment of reasonable expenses of a complainant or witness who may have to pay travel or accommodation costs in order to appear before a panel of inquiry or a hearing of the Judicial Conduct Committee. Such a provision is made in many of the Acts which govern appearances before investigative or other bodies. For example, section 49 of the Mental Health Act...

Seanad: Judicial Council Bill 2017: Committee Stage (Resumed) (2 Apr 2019)

Charles Flanagan: With regard to position on the costs of legal representation, it is important that it be limited, clear and transparent. I refer to my earlier comments regarding witness expenses. It is the same principle.

Seanad: Judicial Council Bill 2017: Committee Stage (Resumed) (2 Apr 2019)

Charles Flanagan: For the information of the House, I intend to bring in an amendment on Report Stage to account for GDPR.

Written Answers — Department of Justice and Equality: Irish Naturalisation and Immigration Service Data (2 Apr 2019)

Charles Flanagan: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned. These representations, together with all other information and documentation on file, will be fully...

Written Answers — Department of Justice and Equality: Irish Naturalisation and Immigration Service Data (2 Apr 2019)

Charles Flanagan: 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.  A letter issued to the person concerned on 26 March 2019 requesting certain documentation and a reply is awaited. Upon receipt of the requested...

Written Answers — Department of Justice and Equality: Garda Equipment (2 Apr 2019)

Charles Flanagan: As the Deputy will appreciate, the Garda Commissioner is generally responsible for managing and controlling the administration and business of An Garda Síochána, as well as for decisions in relation to the allocation and management of Garda equipment and resources, including ICT, in light of his identified operational demands.  As Minister, I have no direct role in...