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Written Answers — Department of Justice and Equality: Communications Surveillance (23 May 2017)

Frances Fitzgerald: As I have made clear to the House, it is never the practice to comment publicly on the use of these powers in any particular case. Indeed, there are restrictions in the law on the disclosure of the existence of particular interceptions. In respect of the allegations made in reports, that the telephone of a political activist was intercepted at a time in the past, they have not been very...

Written Answers — Department of Justice and Equality: Garda Reorganisation (23 May 2017)

Frances Fitzgerald: The Deputy will be aware that the Government last week agreed the membership and final terms of reference for the Commission on the Future of Policing in Ireland. The terms of reference encompass all functions carried out by An Garda Síochána including community safety, state security and immigration, and also the full range of bodies that have a role in providing oversight and...

Written Answers — Department of Justice and Equality: Direct Provision System (23 May 2017)

Frances Fitzgerald: I refer the Deputy to my response to her previous Parliamentary Question (No. 82 of 28 March last), in which I stated that the details on progress in respect of all of the 173 recommendations of the McMahon Report are available in the progress report which was published on my Department's website and on the website of the Irish Naturalisation and Immigration Service on 23 February 2017. The...

Written Answers — Department of Justice and Equality: Domestic Violence Policy (23 May 2017)

Frances Fitzgerald: As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that...

Written Answers — Department of Justice and Equality: Commercial Rates Valuation Process (23 May 2017)

Frances Fitzgerald: The Valuation Acts 2001 to 2015 provide for the valuation of all commercial and industrial property for rating purposes. The Commissioner of Valuation is independent in the performance of his functions under the Acts and the making of valuations for rating is his sole responsibility. I, as Minister for Justice and Equality, have no role in decisions in this regard. Under Irish law there is a...

Written Answers — Department of Justice and Equality: Garda Stations (23 May 2017)

Frances Fitzgerald: The Deputy will be aware that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close co-operation with the Office of Public Works, OPW, which has the responsibility for the provision and maintenance of Garda accommodation. I am, however, advised that contracts have been exchanged in relation to the site and that a...

Written Answers — Department of Justice and Equality: Surveillance Operations (23 May 2017)

Frances Fitzgerald: The operation of the provisions of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the Communications (Retention of Data) Act 2011 are overseen by a serving judge of the High Court designated for that purpose by the Government. The current Designated Judge is Ms Justice Marie Baker. The Designated Judge is completely independent in the...

Written Answers — Department of Justice and Equality: Garda Inspectorate Reports (23 May 2017)

Frances Fitzgerald: The Garda Síochána Inspectorate was established in July, 2006 under Part 5 of the Garda Síochána Act 2005. The role of the Inspectorate is to promote efficiency and effectiveness in the operation and administration of the Garda Síochána. The Inspectorate undertakes analysis of policies and procedures in the Garda Síochána and benchmarks them against...

Written Answers — Department of Justice and Equality: Departmental Schemes (23 May 2017)

Frances Fitzgerald: The applicant referred to by the Deputy received a formal offer to participate in the ex gratiascheme in March this year, to which a reply is awaited. Officials from my Department are in contact with the applicant's legal representative.

Written Answers — Department of Justice and Equality: Garda Investigations (23 May 2017)

Frances Fitzgerald: The bomb attack in Belturbet on 28 December 1972 was an appalling act of violence, which claimed two innocent lives. Our thoughts are, of course, with the families of the victims who, like so many other families over the course of the Troubles, have had to face the pain and grief of the loss of their loved ones. The Garda authorities inform me that the Belturbet atrocity was the...

Written Answers — Department of Justice and Equality: Northern Ireland (23 May 2017)

Frances Fitzgerald: The murder of ten innocent workmen at Kingsmill in January 1976 was an appalling atrocity and the Irish Government is committed to co-operating fully in accordance with law with the Northern Ireland Coroner’s Inquest into the Kingsmill murders in order to provide answers for the victims’ families. In line with this commitment, relevant evidential material in the possession of...

Written Answers — Department of Justice and Equality: Commercial Rates Calculations (23 May 2017)

Frances Fitzgerald: The Valuation Acts 2001 - 2015 provide for the valuation of all commercial and industrial property for rating purposes and the Commissioner of Valuation is independent in the performance of his functions under the Act and the making of valuations for rating is his sole prerogative and I, as Minister for Justice and Equality, have no function in decisions in this regard. Under section 28...

Written Answers — Department of Justice and Equality: Surveillance Operations (23 May 2017)

Frances Fitzgerald: The Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the Criminal Justice (Surveillance) Act 2009 provide for dedicated and independent judicial oversight mechanisms, including a complaints mechanism. Anyone who believes they have been the victim of improper use of this legislation may make a complaint to the Complaints Referee. The Complaints...

Written Answers — Department of Justice and Equality: Garda Vetting Legislation (23 May 2017)

Frances Fitzgerald: The Garda National Vetting Bureau carries out vetting checks and this is done primarily in respect of areas of employment where persons may have substantial, unsupervised access to children or vulnerable adults, including schools. This is carried out in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Acts 2012-2016. I am informed by the...

Written Answers — Department of Justice and Equality: Independent Review Mechanism (23 May 2017)

Frances Fitzgerald: As the Deputy is aware, in May 2014 the Independent Review Mechanism (IRM) was established to consider allegations of Garda misconduct or deficiencies in the way that Gardaí had carried out investigations. A panel consisting of two Senior and five Junior Counsel was established for the purpose, all selected on the basis of their knowledge of the criminal justice system....

Written Answers — Department of Justice and Equality: Commissions of Investigation (23 May 2017)

Frances Fitzgerald: Under section 19 of the Commissions of Investigation Act 2004 none of the following is admissible as evidence against a person in any criminal or other proceedings: - a statement or admission made by the person to a commission; - a document given or sent to a commission pursuant to a direction or request of the commission to the person, or - a document specified in an affidavit of documents...

Written Answers — Department of Justice and Equality: Citizenship Status (23 May 2017)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of a current application for a certificate of naturalisation from persons with the family name referred to by the Deputy. Section 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation provided certain...

Written Answers — Department of Justice and Equality: Garda Transport Provision (23 May 2017)

Frances Fitzgerald: As the Deputy will be appreciate decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources and I, as Minister, have no direct role in the matter. I am, however, informed by the Garda authorities that the allocation of Garda vehicles is monitored and...

Written Answers — Department of Justice and Equality: Proposed Legislation (23 May 2017)

Frances Fitzgerald: The Deputy will be aware that Deputy Clare Daly proposed a Private Members Bill, entitled the Coroners Bill 2015, to address issues with regard to the investigation into maternal deaths. The proposals contained in this Bill would introduce mandatory reporting, post-mortem examinations and inquests into any maternal death. Deputy Daly's Bill also proposed the extension of the current scheme of...

Written Answers — Department of Justice and Equality: Leave to Remain (23 May 2017)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the relevant details of the Spouse of Irish National scheme are available on the INIS website at www.inis.gov.ie/en/INIS/Pages/WP07000024. If the person concerned does not have current permission to remain in the State, they must complete the application form “Application for Residence...

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