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Written Answers — Department of Justice and Equality: Legislative Measures (9 Nov 2023)

Helen McEntee: The Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (the “2023 Act”) was signed into law on 1 March 2023 and was commenced on 3 May 2023. As the Deputy will be aware, the 2023 Act transposed Framework Decision 2008/909/JHA on “the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or...

Written Answers — Department of Justice and Equality: Visa Applications (9 Nov 2023)

Helen McEntee: The visa applications referred to by the Deputy were refused by the Visa Office. The reasons for this decision were set out in the refusal letters sent to the applicants on the 11 September 2023. An appeals process, which is free of charge, is available which allows applicants, in the event of a refusal of the application at first instance, to address the factors which gave rise to that...

Written Answers — Department of Justice and Equality: Naturalisation Applications (9 Nov 2023)

Helen McEntee: The naturalisation application from the person referred to by the Deputy continues to be processed by my Department. I understand the extended wait times can be frustrating for applicants and my Department has been working hard to clear backlogs. It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. However, the nature...

Domestic, Sexual and Gender-Based Violence Agency Bill 2023: Report and Final Stages (8 Nov 2023)

Helen McEntee: In the same regard, I do not think the amendment is necessary on the basis that there is no way that this Bill, as it currently stands and is drafted, could be interpreted as designating a service provider as a public body within the meaning of the 2019 Act. The only way that the Bill could actually have such an effect is that if it contained a specific provision amending the 2019 Act to...

Domestic, Sexual and Gender-Based Violence Agency Bill 2023: Report and Final Stages (8 Nov 2023)

Helen McEntee: I sincerely thank all of my colleagues for their support in the passing of these Stages. This is extremely important legislation, not least because of what it means for the future. It will ensure that irrespective of who is in this Chamber and what year we are in, the issue of domestic, sexual and gender-based violence will remain firmly on the agenda. It will allow for the establishment...

Domestic, Sexual and Gender-Based Violence Agency Bill 2023: Report and Final Stages (8 Nov 2023)

Helen McEntee: I thank the Deputies for their contributions and Deputy Ó Ríordáin for tabling the amendment and raising this point. He referred to the organisations and individuals who have worked in this space for many decades. At every step of the way in the development of the zero tolerance strategy, but also this agency, I have tried to make sure their views, voices, concerns,...

Domestic, Sexual and Gender-Based Violence Agency Bill 2023: Report and Final Stages (8 Nov 2023)

Helen McEntee: I thank the Deputy for outlining the current position and what we discussed previously. It is a given that the processing of personal data by any party must be in accordance with GDPR and law, particularly the legal framework provided by GDPR. As the Deputy noted, the advice I have been given is that section 41 does not alter that in any way or affect the data privacy rights of any person....

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

Helen McEntee: Amendments Nos.1 and 2 are minor technical drafting amendments that will insert a letter "a" before both "uniform" and "helmet" in the definition of "body-worn camera" in section 2. Amendments Nos. 13, 33, 70, and 74 are again minor technical amendments that will insert semicolons in place of commas in sections 12, 21, 35, and 43. Amendment No. 40 is a minor technical amendment to section...

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

Helen McEntee: Section 47 already stipulates what can be included in a code of practice. Section 47(2) provides for An Garda Síochána to set out different provisions for different types of recording devices when drafting the codes. This means that what the Senator is seeking in amendments Nos.3 and 4 is already provided for. The codes of practice will not be included in the Bill directly; they...

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-----

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