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Written Answers — Department of Justice and Equality: Liquor Licensing Laws (29 Apr 2015)

Frances Fitzgerald: The current position is that all sections of the Intoxicating Liquor Act 2008 have been commenced apart from section 9. This section provides for the structural separation of alcohol products from other products in mixed trading premises such as supermarkets and convenience stores. Together with my colleague the Minister for Health, I have decided jointly to review, in the context of the...

Written Answers — Department of Justice and Equality: Property Ownership (29 Apr 2015)

Frances Fitzgerald: I propose to take Questions Nos. 78 and 79 together. I can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is...

Written Answers — Department of Justice and Equality: Proposed Legislation (29 Apr 2015)

Frances Fitzgerald: The Mediation Bill is currently being drafted in the Office of the Parliamentary Counsel. However, as the Deputy is aware, the Government has a demanding schedule of urgent legislation at present and for that reason it is not possible to give a specific date for publication of the Bill at this stage. However, it is my intention to proceed quickly with enactment of the Bill following its...

Written Answers — Department of Justice and Equality: Proposed Legislation (29 Apr 2015)

Frances Fitzgerald: The difficulties experienced by property owners arising from trees and high hedges on neighbouring land were raised in both the Dáil and Seanad during passage of the Land and Conveyancing Law Reform Act 2009. At that time, my Department consulted on the matter with the Law Reform Commission, which had been involved in drafting the 2009 Act, and the Commission took the view that...

Written Answers — Department of Justice and Equality: Courts Service Data (29 Apr 2015)

Frances Fitzgerald: The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system. However, following...

Written Answers — Department of Justice and Equality: Garda Remuneration (29 Apr 2015)

Frances Fitzgerald: To date no proposals have been agreed to change the process by which retired members of An Garda Síochána are paid their pension from the current method of payment in advance. I can, however, state that consideration of this matter is at an exploratory stage.

Written Answers — Department of Justice and Equality: Immigration Policy (28 Apr 2015)

Frances Fitzgerald: I propose to take Questions Nos. 198 and 199 together. The Government fully shares the horror and outrage at the tragic loss of life in the Mediterranean Sea last week. This is organised criminal activity in the smuggling of vulnerable people who are regarded by the gangs involved as utterly expendable. My colleague, the Minister for Foreign Affairs Charlie Flanagan, TD, and I...

Written Answers — Department of Justice and Equality: Garda Misconduct Allegations (28 Apr 2015)

Frances Fitzgerald: I can confirm to the Deputy that the person to whom he refers has recently been included amongst those whose complaints are under consideration by the panel of counsel appointed to operate the Independent Review Mechanism set up to consider allegations of Garda misconduct and inadequacy in the investigation of such allegations. Following the review of her complaint by counsel a...

Written Answers — Department of Justice and Equality: Garda Deployment (28 Apr 2015)

Frances Fitzgerald: As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources. I have received the information from the Garda...

Written Answers — Department of Justice and Equality: Departmental Reports (28 Apr 2015)

Frances Fitzgerald: I propose to take Questions Nos. 202 and 203 together. As the Deputy will be aware, Mr. Dominic McGinn, Senior Counsel, was appointed to carry out an independent examination of the report of the Serious Crime Review Team (SCRT) relating to the Garda investigation into the death of Fr. Niall Molloy. On receipt of the report prepared by Mr McGinn I referred it to the Attorney General...

Written Answers — Department of Justice and Equality: Garda Deployment (28 Apr 2015)

Frances Fitzgerald: I propose to take Questions Nos. 204 and 205 together. As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these...

Written Answers — Department of Justice and Equality: Garda Operations (28 Apr 2015)

Frances Fitzgerald: I hope the Deputy will appreciate as the case in question is the subject of court proceedings, I am limited in the comments I can make regarding the matters raised. I do not have a role in the appointment of receivers, whether by the courts or otherwise, and the enforcement of court orders is a matter for the courts to oversee and for the parties to address in the proceedings in question. ...

Written Answers — Department of Justice and Equality: Citizenship Applications (28 Apr 2015)

Frances Fitzgerald: A person who is granted Subsidiary Protection is required to satisfy the residency conditions under Section 15 of the Irish Nationality and Citizenship Act 1956 as amended. Section 15 of the Act provides that the Minister may, in her absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. The conditions are that the...

Written Answers — Department of Justice and Equality: Alcohol Sales (28 Apr 2015)

Frances Fitzgerald: The position is that conditions applicable to the sale and supply of intoxicating liquor are set out in the Licensing Acts 1833 to 2011. Under section 17(3) of the Intoxicating Liquor Act 2003, it is an offence for a licensee, with intent to evade the conditions of the licence, to take intoxicating liquor from the licensed premises for the purpose of its being sold on the account or for the...

Written Answers — Department of Justice and Equality: Crime Levels (28 Apr 2015)

Frances Fitzgerald: I am informed by the Garda authorities that local Garda management closely monitors crime trends and the policing needs of communities in the Kildare North area and relevant operational strategies including patrols and checkpoints are put in place as necessary. I should mention in particular Operation Obair which is focussed on burglary and related crimes. The objective of Operation Obair...

Written Answers — Department of Justice and Equality: Proposed Legislation (28 Apr 2015)

Frances Fitzgerald: Jurisdiction in Wards of Court matters is vested in the High Court. Section 4(3) of the Courts Service Act 1998 provides that the Courts Service is independent in the performance of its functions, which are specified in section 5 and includes the management of the Courts. Court funds which are held for the benefit of Wards of Court are private funds under the control of the Courts Service...

Written Answers — Department of Justice and Equality: Crime Levels (28 Apr 2015)

Frances Fitzgerald: The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide the available statistics directly to the Deputy. In this regard it should be noted that the CSO is currently...

Written Answers — Department of Justice and Equality: Garda Remuneration (28 Apr 2015)

Frances Fitzgerald: The new Public Service Sick Leave Scheme was introduced from 31 March 2014. The Public Service Management (Sick Leave)Regulations 2014, made by the Minister for Public Expenditure and Reform, set out the terms of the new Public Service Sick Scheme. The rationale for the new scheme is to increase productivity, and lower the cost of sick leave by reducing the periods during which paid sick...

Written Answers — Department of Justice and Equality: Garda Vetting Applications (28 Apr 2015)

Frances Fitzgerald: I am informed by the Garda Authorities that a vetting application in respect of the person referred to has been received by the Garda Central Vetting Unit. However, on processing the application it was established that it was necessary to conduct further enquiries. Once completed the application will be returned to the registered organisation concerned. In general, Garda Vetting...

Written Answers — Department of Justice and Equality: Court Procedures (28 Apr 2015)

Frances Fitzgerald: The contents of what is commonly known as “the book of evidence” are set out in section 4B of the Criminal Procedure Act 1967. It lists a series of documents to be served on an accused person and furnished to the court. It is therefore a statutory set of documents. The book will contain the charges preferred against the accused, a list of proposed prosecution witnesses,...

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