Results 7,221-7,240 of 20,459 for speaker:Frances Fitzgerald

Written Answers — Department of Justice and Equality: Garda Complaints Procedures (26 Jan 2016)

Frances Fitzgerald: The particular case to which the Deputy refers is amongst those considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach with a view to determining to what extent and in what manner further...

Written Answers — Department of Justice and Equality: Garda Station Closures (26 Jan 2016)

Frances Fitzgerald: The formulation of proposals in relation to the opening and closing of Garda Stations is a matter, in the first instance, for the Garda Commissioner in conjunction with the newly established Policing Authority in the context of annual policing plans, as provided for in section 20 of the Garda Síochána Act 2005. The Garda District and Station Rationalisation Programme...

Written Answers — Department of Justice and Equality: Courts Staff (26 Jan 2016)

Frances Fitzgerald: I propose to take Questions Nos. 289 and 290 together. As the Deputy may be aware, County Registrars outside Dublin and Cork carry out the duties of Under-Sheriff for their respective counties. There has been no vacancy for the position of County Registrar in County Waterford and consequently the position of Under-Sheriff for County Waterford has not been vacant. Under the provisions...

Written Answers — Department of Justice and Equality: Public Service Reform Plan Measures (26 Jan 2016)

Frances Fitzgerald: I am advised by officials in my Department, that changes in the delivery of public services where required have progressed as planned. Where necessary, the changes have been managed appropriately through the normal industrial relations channels and in accordance with the various agreements negotiated since 2011 including Haddington Road and Lansdowne Road and that trade unions in my...

Written Answers — Department of Justice and Equality: Citizenship Applications (26 Jan 2016)

Frances Fitzgerald: The Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011) sets out the prescribed fees to be paid by an applicant for a certificate of naturalisation. An application fee of €175 is payable on application for a certificate of naturalisation and a fee is payable by applicants on the issue of a certificate of naturalisation. The standard certification fee is set at...

Written Answers — Department of Justice and Equality: Communications Surveillance (26 Jan 2016)

Frances Fitzgerald: I assume the Deputy is referring to the accessing of retained communications data under the Communications (Retention of Data) Act 2011. No suggestion has been made, other than by the Deputy, as to the ‘hacking’ of phones. The data available under the 2011 Act is subscriber and traffic and location data - not the content of communications - and it may only be accessed by the...

Written Answers — Department of Justice and Equality: Communications Surveillance (26 Jan 2016)

Frances Fitzgerald: I assume the Deputy is referring to the powers to access retained communications data governed by the Communications (Retention of Data) Act 2011. The data available under this Act is subscriber and traffic and location data - not the content of communications - and it may only be accessed by the relevant bodies empowered to do so, for the purposes prescribed and under the terms set out in...

Written Answers — Department of Justice and Equality: Communications Surveillance (26 Jan 2016)

Frances Fitzgerald: I assume the Deputy is referring to the powers to access retained communications data governed by the Communications (Retention of Data) Act 2011. The data available under this Act is subscriber and traffic and location data - not the content of communications - and it may only be accessed by the relevant bodies empowered to do so, for the purposes prescribed and under the terms set out in...

Written Answers — Department of Justice and Equality: Garda Operations (26 Jan 2016)

Frances Fitzgerald: The Criminal Justice (Surveillance) Act 2009 provides that an application for surveillance may be made by a superior officer of An Garda Síochána, the Defence Forces, the Revenue Commissioners or the Garda Síochána Ombudsman Commission to a judge of the District Court, but only for the purposes of the investigation of serious offences or the protection of the security of...

Written Answers — Department of Justice and Equality: Garda Complaints Procedures (26 Jan 2016)

Frances Fitzgerald: A request for an exhumation in the case referred to by the Deputy was made to a former Minister in 2006. The request was made by the Coroner for the Dublin County area under Section 47 of the Coroners Act, 1962. The then Minister for Justice, Equality and Law Reform, Mr. Michael McDowell, considered the request, and having weighed up all of the relevant circumstances, decided not to make an...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: The term "image" arises in section 6(1)(b) in the context of the offence of causing a child to watch sexual activity. Section 8(4) sets out the definition of "sexually explicit material". The section sets out how it is an offence to send such material to a child by means of information and communications technology. For the purposes of clarity, it is proposed to define the word "image" to...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: I thank the Senators for the amendments. As stated by Senator van Turnhout, the effect of these amendments would be to substitute the term "child sexual abuse material" for "child pornography" throughout this Bill and the other Acts in which it appears. The EU directive on child sexual exploitation and pornography uses the term that is used in this Bill. However, I appreciate Senator van...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: I thank Senators Walsh and Wilson for the amendment. The effect of the amendment would be to remove the possibility of imposing a fine as part of the penalty for an offence under section 3. That includes the offences of obtaining or providing a child for the purposes of sexual exploitation and related offences. The aim of the amendment is to ensure persons convicted of such appalling...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: To suggest for a moment that the approach we are taking in this Bill is the result of lobbying is absolutely and totally incorrect.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: For the reasons I have outlined.To suggest that the Government or, indeed, anybody who would be working on this Bill or the approach we have taken in this Bill has any ambivalence whatsoever in relation to the offences that we are talking about is simply outrageous and untrue. If we were to accept the amendment it would bring the penalty for this offence out of line with penalties for...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: -----but also a person tried summarily indicating a minor offence may elect a trial by jury which brings them into this penalty range. That is an important point. The reasons are as I have outlined. To extrapolate from the approach we have taken in this part of the legislation and to suggest that the Government is not putting the best interests of the child first, in a week when the Child...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: I am conscious that these very important amendments have been introduced at what might be a late Stage of the debate on this Bill in this House. They are a response to the amendments in which Senators Zappone, van Turnhout and others have had a particular interest. Detailed discussions have been held with Senators regarding the approach to this section. I thank all Senators who have made...

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: I am listening.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: The Senator may go ahead.

Seanad: Criminal Law (Sexual Offences) Bill 2015: Report and Final Stages (21 Jan 2016)

Frances Fitzgerald: I advise Senator David Norris that the term is used under existing law. It is used here in the same context as sexual intercourse, also described as an act under section 4 of the Criminal Law (Rape) (Amendment) Act 1990 which involves penetration and that these are commonly used and understood in this area of law. There is a precedence. In regard to the points made by Senator Jillian van...