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Seanad: Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (8 Nov 2023)

Helen McEntee: I have the groupings I have in front of me. I do not know if the list is the same as the one the Senator has.

Seanad: Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (8 Nov 2023)

Helen McEntee: I have amendments Nos. 7, 8, 9, 11, and 12 in this group.

Seanad: Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (8 Nov 2023)

Helen McEntee: I will respond to-----

Seanad: Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (8 Nov 2023)

Helen McEntee: I will respond to all of them. I will take them in order. Senator Keogan spoke about amendment No. 7. I know she was not available at that time but on Committee Stage I said clearly that this is an operational matter for the Garda Commissioner. Again, a lot of what we are discussing in these groupings are matters that will be set out in the codes of practice rather than in the Bill. As...

Seanad: Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (8 Nov 2023)

Helen McEntee: There will be a pilot, absolutely.

Seanad: Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (8 Nov 2023)

Helen McEntee: That will be in the middle of next year.

Seanad: Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (8 Nov 2023)

Helen McEntee: The Senator's amendment is not being accepted because it asks for training which is not a competency of this legislation. It is for the Commissioner to roll out.

Seanad: Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (8 Nov 2023)

Helen McEntee: I can come back on that. However, training is an operational matter for the Commissioner and so it is not within our remit here. As the Garda Commissioner has very clearly shown with the rollout of specialist units in any area, training is absolutely paramount. For front-line gardaí using specialist equipment, whether it is CCTV or otherwise, it will be part of the overall training....

Seanad: Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (8 Nov 2023)

Helen McEntee: It will be carried out-----

Seanad: Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (8 Nov 2023)

Helen McEntee: We just discussed this but, again, I appreciate where the Senator is coming from. Regarding amendment No. 14, I do not think it is appropriate that the Houses of the Oireachtas legislate for the codes of practice or codes of conduct.Such an operational matter must be developed by the Garda but there must be oversight and ability for discussion, debate, engagement and for everybody to have...

Seanad: Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (8 Nov 2023)

Helen McEntee: It is explicitly stated in section 62 of the Garda Síochána Act 2005 that it is an offence for a member to disclose any information obtained in the course of carrying out their duties. This includes any information, whether it is a recording or video footage, not only of an intimate image but any type of-----

Seanad: Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (8 Nov 2023)

Helen McEntee: It is any information. It is anything they come across in the course of their duties, whether a case they are working on or a case somebody else is working on. This covers all of the issues. It is already a criminal offence. I do not want to repeat what is already a criminal offence in another Act. It is there, it is established and it has been in place since 2005.I fully agree with the...

Seanad: Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (8 Nov 2023)

Helen McEntee: The reason is that it might sometimes be necessary for a garda to share information in the course of duty, but where the sharing is crossing a line and is not to deal with a case or is unnecessary, it is a different matter. Someone who is part of a team might have to share the information for very valid purposes. The reason for the reference to a harmful effect is to distinguish between the...

Seanad: Garda Síochána (Recording Devices) Bill 2022: Report and Final Stages (8 Nov 2023)

Helen McEntee: It would. I do not have to hand all the details relating to the Act in question because we are not focusing on it now. However, I have been told very clearly that what the Senator is trying to achieve is very much covered by the 2005 Act. I am not sure I am going to be able to satisfy the Senator in this discussion. It is a question of any information obtained. The reason for the...

Written Answers — Department of Justice and Equality: Immigration Policy (8 Nov 2023)

Helen McEntee: The State is required to examine the application of anyone who is at the border of the State or is in the State and indicates they wish to make an application for international protection. This is in accordance with our obligations under international and EU asylum law. Ireland is a signatory to the 1951 United Nations Refugee Convention and its 1967 Protocol. The International...

Written Answers — Department of Justice and Equality: An Garda Síochána (8 Nov 2023)

Helen McEntee: As the Deputy is aware, in accordance with the Garda Síochána Act 2005 (as amended), it is the Garda Commissioner who is responsible for managing and controlling the administration and business of An Garda Síochána, including the deployment of Garda resources and training of Garda personnel. As Minister, I have no direct role in these matters. I am advised by the Garda...

Written Answers — Department of Justice and Equality: Departmental Policies (8 Nov 2023)

Helen McEntee: The Multi-Unit Developments Act 2011 (MUDs Act), reformed the law relating to the ownership and management of common areas of multi-unit developments, and aims to facilitate the fair, efficient and effective management of Owner Management Companies (OMCs). The MUDs Act includes provisions relating to: the setting of the annual service charge payable by apartment owners in a MUD; the...

Written Answers — Department of Justice and Equality: Legislative Measures (8 Nov 2023)

Helen McEntee: Protecting and supporting victims of sexual violence is a priority for me and my Department and I am keenly aware of the devastating physical and emotional consequences such crimes have on victims. The issue of the disclosure of counselling records is a complex one. To strike a balance between conflicting rights, section 19A of the Criminal Evidence Act 1992 was enacted. Whilst section 19A...

Written Answers — Department of Justice and Equality: International Agreements (8 Nov 2023)

Helen McEntee: The Government is firmly committed to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023, which I published in July, will remove the final obstacles to ratification of the Protocol. The Bill will deal with the issues...

Written Answers — Department of Justice and Equality: Probate Applications (7 Nov 2023)

Helen McEntee: I propose to take Questions Nos. 786 and 863 together. Preventing the advertising for sale of properties prior to the granting of probate could in itself add undue delay to the process of selling properties by executors. The sale of properties can involve a series of steps usually starting with a decision to sell, the appointment of an estate agent or auctioneer, a non-binding agreement...

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