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Equality (Miscellaneous Provisions) Bill 2017: Second Stage [Private Members] (8 Nov 2017)

Jim O'Callaghan: As long as they are from Tipperary.

Equality (Miscellaneous Provisions) Bill 2017: Second Stage [Private Members] (8 Nov 2017)

Jim O'Callaghan: I move: "That the Bill be now read a Second Time." I am sharing time with Deputy Fiona O'Loughlin. I welcome the opportunity to introduce the Equality (Miscellaneous Provisions) Bill 2017 and will discuss the provisions of the Bill in detail in due course. However, it is important to note that equality is a contentious political issue. All politicians in this House purport to pursue...

Civil Liability (Amendment) Bill 2017 [Seanad]: Report Stage (8 Nov 2017)

Jim O'Callaghan: The purpose of the amendment is to get a Minister to explain why he or she is not taking a particular course of action or doing something. Members have enough difficulty in getting Ministers to explain why they are doing something, rather than getting them to explain why they are not. Members know that there is a great peace delegation going to North Korea and that explanations have been...

Civil Liability (Amendment) Bill 2017 [Seanad]: Report Stage (8 Nov 2017)

Jim O'Callaghan: I welcome the fact that we are on Report Stage of this important legislation. As was indicated earlier, it is essential that we get periodic payment orders on the Statute Book to assist individuals who have suffered the most serious injuries. As Deputy Clare Daly mentioned, a number of weeks ago we had representatives of wards of court in before the justice committee. Many of them were...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jim O'Callaghan: I thank the witness very much for attending. Can I clarify how the process applies? Under head 4, a request for subscriber data can be made by a member of An Garda Síochána, the Defence Forces or the other bodies. Is there a formal process under the Act whereby the data holder responds to that request?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jim O'Callaghan: That is set out in head 4. Does the Act deal with the response from the service provider? If a service provider states that the data can be provided, is that dependent on an application being made to court?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jim O'Callaghan: In a way it is a request, but it is more a demand for the information as opposed to a request.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jim O'Callaghan: Throughout the draft heads of the Bill, there are references to persons who are suspected of having been involved in the commission of a serious offence. There is also information in respect of those who are not involved in it, but may have information. The second heading relates to State security and a person who is suspected of posing an existing and serious threat to the security of the...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jim O'Callaghan: To use Mr. Woods' example and a financial institution which is involved, perhaps unwittingly, in providing information or providing a service, I would have thought that would be covered by head 4(1)(a) and (b) where it states "while not directly related to a person who is suspected of being or having been involved in the commission of the offence, are nevertheless likely to assist in the...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jim O'Callaghan: Going back to a point raised by Deputy Chambers earlier, I would have thought that people who are involved in crime journalism would be individuals who come within some of these categories because although they are not involved in the commission of the offence, they may have data which may assist in it. Deputy Chambers was asking whether there should be a new head or a provision within one...

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jim O'Callaghan: When the judge is considering the issue, who is advocating on behalf of the doctor and medical confidentiality or the journalist in respect of journalistic privilege? Is there somebody in the court forum who is advocating that or is the judge assumed to take that into account?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jim O'Callaghan: I am thinking of the other type of individual, such as a doctor, and Mr. Woods is right that a doctor could have data that could be relevant to an individual that is involved in the commission of an offence, or a journalist. However, when it comes to the application, it is a matter for the district judge to consider the privilege, if any exists, that applies to those individuals.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jim O'Callaghan: That is a good idea.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jim O'Callaghan: I thank Mr. Woods and Ms Moore.

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jim O'Callaghan: Does the Deputy know that is an alarm system?

Joint Oireachtas Committee on Justice, Defence and Equality: General Scheme of the Communications (Retention of Data) Bill 2017: Discussion (8 Nov 2017)

Jim O'Callaghan: I doubt that will happen, regardless of the security of the State.

Written Answers — Department of Justice and Equality: Dublin-Monaghan Bombings (7 Nov 2017)

Jim O'Callaghan: 497. To ask the Tánaiste and Minister for Justice and Equality when his Department will respond to the request from the Police Ombudsman for Northern Ireland seeking files in respect of the Dublin and Monaghan bombings; and if he will make a statement on the matter. [45937/17]

Written Answers — Department of Justice and Equality: Citizenship Applications (7 Nov 2017)

Jim O'Callaghan: 554. To ask the Tánaiste and Minister for Justice and Equality when the spouse of a person can apply for Irish citizenship; and if he will make a statement on the matter. [47046/17]

Written Answers — Department of Employment Affairs and Social Protection: Social Welfare Code (7 Nov 2017)

Jim O'Callaghan: 1189. To ask the Minister for Employment Affairs and Social Protection if the PRSI on non-PAYE earnings of employed persons has been deemed as a new class K9 rather than class S which would qualify the persons for some benefits including maternity benefit; and if she will make a statement on the matter. [45822/17]

Written Answers — Department of Employment Affairs and Social Protection: State Pension (Contributory) Eligibility (7 Nov 2017)

Jim O'Callaghan: 1268. To ask the Minister for Employment Affairs and Social Protection the way in which entitlement to a contributory pension is calculated when a person has a combined Irish and EU record; the basis whereby a person may qualify for a reduced rate pro rata EU state pension; the reason this may be paid at a lower rate than the full rate of the State contributory pension; and if she will make a...

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