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Written Answers — Department of Justice and Equality: Visa Applications (6 Jul 2023)

Helen McEntee: I can inform the Deputy that following full consideration by a Visa Officer, the visa application referred to was refused. A letter issued to the applicant on 04 July 2023 outlines the reasons for this refusal. 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...

Written Answers — Department of Justice and Equality: Visa Applications (6 Jul 2023)

Helen McEntee: I can inform the Deputy that following full consideration by a Visa Officer, the visa application referred to was refused. A letter issued to the applicant on 04 July 2023 outlines the reasons for this refusal. 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...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Report and Final Stages (5 Jul 2023)

Helen McEntee: As this is a new amendment, it is important to lay out what we are doing here. In essence, these amendments will provide a mechanism for Ireland's co-operation with the European Public Prosecutor's Office, EPPO, an independent EU body established in 2017 as an enhanced co-operation measure. It has responsibility for investigating and prosecuting crimes against the financial interests of the...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Report and Final Stages (5 Jul 2023)

Helen McEntee: Where EPPO undertakes the investigations, it is specific to member states that are signed up. We have not signed up officially but we are putting in place a mechanism to allow for that exchange of information. The UK has engaged with and is working to ensure that there is no loss of ability to exchange information now it is outside the EU. Depending on where the incident happens or the...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Report and Final Stages (5 Jul 2023)

Helen McEntee: I thank the Senator for her contribution and what she is trying to address here. I have met with Safeguarding Ireland and I understand that there are a lot of vulnerable people who need further protection in two ways - looking at it from a criminal justice side and making sure all the right rules, regulation and oversight are in place where you have vulnerable people. It is not just in...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Report and Final Stages (5 Jul 2023)

Helen McEntee: When a person is convicted of stalking or harassment offences, essentially, the court will have the power to make a no-contact order prohibiting any type of communication or that person going within a certain distance of the other person's residence, education or employment, and if that person is in breach of such an order, it is a very serious offence. What these amendments do is complement...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Report and Final Stages (5 Jul 2023)

Helen McEntee: This amendment provides for restrictions on the publication of the identity of alleged victims of harassment and stalking offences under section 10 of the Non-Fatal Offences Against the Person Act 1997. It provides that it is an offence to publish or broadcast information, photographs, depictions or representations of physical likeness that are likely to lead to the identification of the...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Report and Final Stages (5 Jul 2023)

Helen McEntee: This is a transitional provision to ensure certificates signed prior to the changes made to section 25 of the 1997 Act when coming into effect will remain valid and will not be affected.

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Report and Final Stages (5 Jul 2023)

Helen McEntee: These amendments provide for the making of civil restraining orders under section 20 on an urgent basis. As Senators pointed out on Committee Stage, an immediate risk may exist to a person from stalking behaviour and delays may arise placing a person on notice. The amendments provide for an application for an order to be made ex parteand for the grant of an ex parteapplication where there...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Report and Final Stages (5 Jul 2023)

Helen McEntee: These amendments are technical. They provide for consequential changes to a number of other enactments arising from the new section 3A, covering non-fatal strangulation or non-fatal suffocation offences, and section 4A, which covers non-fatal strangulation or non-fatal suffocation causing serious harm offences. The effect of these is essentially to extend existing provisions, which are...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Report and Final Stages (5 Jul 2023)

Helen McEntee: The Mental Health Review Board is a quasi-judicial body responsible for the review of the detention of patients in the Central Mental Hospital. Currently, Schedule 1(1) of the Criminal Law (Insanity) Act 2006 outlines the requirements of the membership of the board. There must be a chairperson and such number of ordinary members as determined by the Minister in consultation with the...

Seanad: Criminal Justice (Miscellaneous Provisions) Bill 2022: Report and Final Stages (5 Jul 2023)

Helen McEntee: This is the final group of amendments. They are amendments to the Communication (Retention of Data) Act 2011 to correct drafting and cross-referencing issues in the amending Act that was passed last year. Under the 2022 Act, applications for data must be approved by a judge. They are made on an ex parte basis with the relevant agency present, for example, An Garda Síochána. They...

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: As the committee is aware, the Bill will deliver on two important commitments in the programme for Government. It will implement the recommendations of the report of the Commission on the Future of Policing in Ireland which called for the use of body-worn cameras to enhance front-line policing capabilities. It will also extend An Garda Síochána's use of CCTV and automatic number...

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: It will be Parts 2, 5 and 7. The Bill deals with two things, namely, the recording of information and then the processing of that information. While it is implied in all the sections that processing would be needed, it is not explicitly referenced. We will be referencing the processing of the information in all the different sections of the Bill.

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: It is how they process the information, how they store it and how it is altered. It is how they gain access to the information they have through the CCTV footage plus the ANPR, the body-worn cameras and the various different means.

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: It is implied, but we just want to make sure there is no ambiguity that processing is part of it. It goes into detail in each section. We want to ensure there is no ambiguity that in each area where information is gathered there is also an element of processing to it.

Select Committee on Justice and Equality: Garda Síochána (Recording Devices) Bill 2022: Committee Stage (5 Jul 2023)

Helen McEntee: Processing of or in relation to data, including personal data, means an operation or a set of operations that are performed on the data or set of data whether by automated means or not. It is the collection, recording, organisation, structuring and storage of the data. It also means altering the data so if somebody has, for example, three minutes of footage, he or she may want to reduce it...

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