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

Dermot Ahern: The person concerned applied for asylum in the State on 21 April 1997. His application was refused following consideration of his case by the then Asylum Division of the Department of Justice, Equality and Law Reform and, on appeal, the then Asylum Appeals Unit of the Department. The person concerned was informed in writing of this latter decision by letter dated 1 November 2000. On 3...

Written Answers — Asylum Support Services: Asylum Support Services (3 Dec 2009)

Dermot Ahern: The Reception and Integration Agency (RIA) has no record of a request from this family to transfer from their current accommodation. If the family wish to apply for a transfer, they may do so by writing directly to the RIA at RIA Operations,P.O. Box 11487, Dublin 2. If an application for a transfer is made, it will be duly considered by the RIA.

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

Dermot Ahern: In relation to the first named person concerned, according to my Department's records, he was never the recipient of a Work Permit. He was, however, following the rejection of his asylum application, granted permission to remain temporarily in the State under Section 3 of the Immigration Act 1999 (as amended). The first named person concerned has recently applied for the renewal of his...

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

Dermot Ahern: The first named person concerned applied for asylum on 2 February 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...

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

Dermot Ahern: The person concerned applied for asylum on 6 May 2004. Her daughter was born in the State on 12 May 2004 and is an Irish citizen. This person notified my Department that she wished to withdraw her asylum application as she was returning to Nigeria. It appears that she left the State in June 2004. Her asylum application was refused thereafter. This person returned to the State with her...

Written Answers — Garda Investigations: Garda Investigations (3 Dec 2009)

Dermot Ahern: I am informed by the Garda authorities that matters relating to the premises referred to by the Deputy are currently before the District Court. It would, therefore, be inappropriate for me to comment on the matter at this time.

Civil Partnership 2009: Order for Second Stage (3 Dec 2009)

Dermot Ahern: I move: "That Second Stage be taken now."

Civil Partnership Bill 2009: Second Stage (3 Dec 2009)

Dermot Ahern: I move: "That the Bill be now read a Second Time." The commitment to civil partnership is shared by all parties in this House. It is a core Government commitment and is contained explicitly in the programme for Government negotiated between Fianna Fáil and the Green Party. My own party's 2007 manifesto contained the clear commitment that, "based on our republican ethos and building on the...

Seanad: Report by Commission of Investigation into Catholic Archdiocese of Dublin: Statements (3 Dec 2009)

Dermot Ahern: I welcome the fact that Senators have made time available to discuss this important report. They will have had the opportunity to read and reflect on the report of the commission of investigation into the handling by church and State authorities of allegations and suspicions of child abuse against clerics of the Catholic archdiocese of Dublin. My initial reaction and I am sure that of every...

Seanad: Report by Commission of Investigation into Catholic Archdiocese of Dublin: Statements (3 Dec 2009)

Dermot Ahern: I defer only to the people of Ireland by whose grace I hold public office. I reiterate that in our quest for justice, no institution at home or abroad, no church or state can shirk their undoubted responsibilities in this area. The commission dealt with this issue in two paragraphs of a 720 page report. Without in any way underestimating its significance, I hope Senators can agree that an...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: My previous remarks may perhaps have clarified the purpose of the section which the Senator proposes to oppose. If we were to agree to delete it, we would be faced with a ludicrous situation where the Garda would not be able to put new and compelling evidence discovered by its members to the acquitted person against whom, subject to judicial authorisation, it might wish to bring a charge....

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: Yes.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: Amendments Nos. 38 and 39 are technical amendments. Amendment No. 38 substitutes subsection (10) for section 17(10). The effect of the substitution is that paragraph (b) of subsection (10) is deleted. Paragraph (b) provides that nothing in this section shall effect any power conferred by law apart from this section in regard to the arrest, detention or transfer of persons in prisons or...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I thank the Senator for that. It concurs with my view.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I thank the Senator for what she said. I had intended to bring forward amendments on Report Stage to refine the scope of this section. Section 23 represents a radical departure in our prosecution appeal system. It is intended to capture the recommendations of the balance in the criminal law group that with prejudice prosecution and right of appeal against acquittals following trial on...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: This amendment inserts a new section to ensure a freezing order imposed by the High Court under section 24 of the Criminal Justice Act 1994 on dealings in property pending the outcome of a trial will in the event of an acquittal remain in place pending the outcome of a with-prejudice prosecution appeal under section 23 of the Bill and any retrial ordered. At present where a person is...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: This amendment inserts a new section to amend the provisions on the admissibility of character evidence of an accused person in the Criminal Justice Act 1924. I will briefly outline the existing law before addressing the amendment as it would aid Members in their understanding of the proposed changes. As the law currently stands, section 1(a) of the 1924 Act provides that an accused shall...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: I thank the two Senators for their contributions. We will consider the two slight amendments proposed by Senator Bacik.

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: This amendment is based on the recommendations of the review group which examined the question of whether there should be a more general prior disclosure of defence evidence. It rejected the idea of general disclosure but recommended more limited requirement of disclosure of evidence of a technical and special nature. The Government and I accepted this recommendation and the amendment gives...

Seanad: Criminal Procedure Bill 2009: Committee Stage (Resumed) (2 Dec 2009)

Dermot Ahern: This amendment addresses a difficult issue, namely, the requirement of the Garda not only to seek out but also to retain evidence. While being mindful of the inconvenience and loss being suffered by at least some owners of the property involved, I do not claim that this amendment will address all the concerns in this issue but it will bring a measure of relief as well as a degree of...

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