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Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: This amends the provision which sets out the circumstances where the family can speak of the impact on the family in cases where the victim has died as a result of the offence. The amended text takes account of instances where the victim has died either as an immediate result of the offence or where the death occurs at some remove in time from the attack. The family may, in these cases,...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: On Committee Stage I said I would not accept this amendment in that it already states the law as it is. The question as to whether the courts' responsibility to forewarn or direct a victim who is to make a statement about the scope or content of a statement should be set out in statute can be traced to the controversy several years ago where the mother of a deceased added additional material...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: Section 5 of the 1993 Act places a mandatory obligation on a judge to take account of victim impact evidence with regard to sexual and violent offences, even where the victim of the family chooses not make an oral statement about the impact of the offence. In response to amendment No. 2, I plan to table an amendment in the other House to deal with the already mentioned categories of offences...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: I said I would reflect on this amendment. However, we are not aware of any difficulty. No evidence has been put forward to support the view that there is difficult in this area. Insisting on a particular level of skill or expertise might only create unforeseen difficulties. Until such time as it has been established that there is a problem, we should allow the present approach to...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: The amendment states "legal representation", not "limited legal representation". If one was to allow this, as it were, one might ask: how long is a piece of string? There would be all sorts of arguments as to what was the intention of the Legislature if we were to include this. Legal representation, in effect, would mean the full gamut. I am advised that there are constitutional...

Seanad: Criminal Procedure Bill 2009: Report and Final Stages (8 Dec 2009)

Dermot Ahern: I will not repeat what I stated on Committee Stage. In effect, this would set up the Supreme Court for an appeal in a situation for which that court was not designed originally. As I stated on Committee Stage, the issue of trying to filter cases from going into the Supreme Court is absolutely necessary so that what goes to the Supreme Court is only an appeal on a point of law of major...

Written Answers — Work Permits: Work Permits (3 Dec 2009)

Dermot Ahern: I have been informed by the Irish Naturalisation and Immigration Service (INIS) that they received an application from the person referred to by the Deputy on 7 August 2009 and that a letter approving further permission to remain in the State was issued to that person on 30 November 2009. This permission should enable the person referred to, to apply for a work permit.

Written Answers — Domestic Violence: Domestic Violence (3 Dec 2009)

Dermot Ahern: Empirical data on which one can rely in relation to this serious issue is difficult to obtain. According to the National Study of Domestic Abuse published by the National Crime Council in 2005, 13% of women, who participated in the study, reported suffering physical abuse or minor physical incidents at some stage or on some occasion over the course of their lifetime. The bulk of direct...

Written Answers — Work Permits: Work Permits (3 Dec 2009)

Dermot Ahern: I have requested a report from the Garda authorities on the matter referred to by the Deputy and I will be in contact with the Deputy when the report is to hand.

Written Answers — Departmental Query: Departmental Query (3 Dec 2009)

Dermot Ahern: I have been informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that they have requested the information sought by the Deputy from the Garda Authorities. The Immigration Division will be in contact with the Deputy when this information is to hand.

Written Answers — Rent Reviews: Rent Reviews (3 Dec 2009)

Dermot Ahern: I can inform the Deputy that Section 132 will come into force on 28 February 2010 (Statutory Instrument No. 471 of 2009 refers).

Written Answers — Visa Applications: Visa Applications (3 Dec 2009)

Dermot Ahern: Based on the information provided by the Deputy the Visa Office has no record of a current visa application connected to the person referred to. It is, however, open to all persons resident outside the State and who are visa required to complete an on-line visa application form for the appropriate visa. Comprehensive information when making a visa application, inclusive of details with...

Written Answers — Residency Permits: Residency Permits (3 Dec 2009)

Dermot Ahern: I have been informed by the Irish Naturalisation and Immigration Service (INIS) that an application for a " Without Condition As To Time" endorsement, otherwise know as a Stamp 5, was received from the person in question on the 12 November 2009. The application was processed and an approval letter was issued and forwarded by registered post to the person in question on the 26 November 2009....

Written Answers — Asylum Applications: Asylum Applications (3 Dec 2009)

Dermot Ahern: The first named person concerned applied for asylum on 18 May 2005. She gave birth to a child in the State in 2005 and this child was included in her mother's asylum application. In accordance with Section 9 of the Refugee Act 1996 (as amended), she was entitled to remain in the State until her application for asylum were decided. Her asylum application was refused following consideration...

Written Answers — Asylum Applications: Asylum Applications (3 Dec 2009)

Dermot Ahern: The person concerned applied for asylum on 14 January 2005. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until his application for asylum was decided. His asylum application was refused following consideration of his case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals...

Written Answers — Citizenship Applications: Citizenship Applications (3 Dec 2009)

Dermot Ahern: An application for a certificate of naturalisation from the person referred to in the Deputy's Question was received in the Citizenship Division of my Department in July 2007. Processing of the file has been completed and I have reached a decision. The person in question will be informed of that decision in the near future.

Written Answers — Asylum Applications: Asylum Applications (3 Dec 2009)

Dermot Ahern: The first and second named persons concerned applied for asylum on 1 March 2004 and 18 March 2008 respectively. In accordance with Section 9 of the Refugee Act 1996 (as amended), the first and second persons concerned were entitled to remain in the State until their applications for asylum were decided. Their asylum applications were refused following consideration of their individual cases...

Written Answers — Deportation Orders: Deportation Orders (3 Dec 2009)

Dermot Ahern: The person concerned applied for asylum on 4 December 2006. Her application was refused following consideration of her case by the Office of the Refugee Applications Commissioner and, on appeal, the Refugee Appeals Tribunal. Subsequently, in accordance with Section 3 of the Immigration Act 1999 (as amended), the person concerned was informed, by letter dated 29 May 2009, that the Minister...

Written Answers — Residency Permits: Residency Permits (3 Dec 2009)

Dermot Ahern: I wish to inform the Deputy that the person in question was granted permission to remain in the State, as a family dependant, in line with permission granted to her sister. She registered with the Garda National Immigration Bureau on 15 February, 2008 and her permission to remain is currently valid until 15 February, 2010. Officials in the Citizenship Division of my Department inform me that...

Written Answers — Asylum Applications: Asylum Applications (3 Dec 2009)

Dermot Ahern: The person concerned arrived in the State on 23 April 2004 and applied for asylum on 25 November 2004. She subsequently gave birth to a child in the State, and this child was included in his mother's asylum application. In accordance with Section 9 of the Refugee Act 1996 (as amended), the person concerned was entitled to remain in the State until her application for asylum was decided....

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