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Written Answers — Department of Justice and Equality: Legislative Measures (28 Apr 2015)

Frances Fitzgerald: I propose to take Questions Nos. 215 and 216 together. The Prohibition of Incitement to Hatred Act 1989 creates offences of incitement to hatred on account of race, religion, nationality, ethnic origin or sexual orientation. Essentially, it is an offence to use words or behave in a manner which is threatening, abusive or insulting and are intended, or, having regard to all the...

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

Frances Fitzgerald: On 27 November, I published the General Scheme of the Criminal Law (Sexual Offences) Bill. This is a complex piece of legislation which addresses a number of sensitive issues such as those provisions to enhance the protection of children and vulnerable persons from sexual abuse and exploitation. When enacted, the Bill will facilitate full compliance with the criminal law provisions of a...

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

Frances Fitzgerald: I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for the person referred to by the Deputy is currently being processed and that the Family Reunification Unit recently issued correspondence requesting more information. On receipt of all the information requested the application for family reunification will be finalised. The...

Written Answers — Department of Justice and Equality: Prison Accommodation Standards (28 Apr 2015)

Frances Fitzgerald: I am advised by the Irish Prison Service that the following is a breakdown of claims relating specifically to the practice of slopping out received by the State in each of the years 2010 to 2015 (up to and including 31st March 2015). These figures include claims that are at pre-litigation and litigation stage. Year Claims received Claims resolved* 2010 0 0 2011 458 1 2012 18 389 2013 3...

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

Frances Fitzgerald: The Deputy's request has been forwarded to the relevant Garda Office and I am informed that the information is currently being collated. In relation to school inspections, I am informed that such inspections may be carried out by Gardaí outside of the centralised Garda National Immigration Bureau. I expect the information requested to be available shortly at which time I will forward...

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

Frances Fitzgerald: As the Deputy is aware, the Government approved on 12 March 2013 the drafting by the Department of Health of the General Scheme and Heads of provisions to legislate for advance healthcare directives and for these provisions to be incorporated into the Assisted Decision-Making (Capacity)Bill at Dáil Committee Stage. Given the intersection between the aims of the capacity legislation and...

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

Frances Fitzgerald: I have been informed by the Garda Commissioner that on 19 April, 2015, a Garda from Pearse Street Garda station participated in a photo-call with a retired Supreme Court Judge at the front of Pearse Street Garda Station to highlight the fact that people should register to vote for the upcoming referenda. While the event was held in good faith to promote the fact that people can register at...

Written Answers — Department of Justice and Equality: Drugs Dealing (28 Apr 2015)

Frances Fitzgerald: I have requested a report from the Garda authorities on the matter raised by the Deputy and I will be in contact again when the report is to hand.

Written Answers — Department of Justice and Equality: Northern Ireland Issues (28 Apr 2015)

Frances Fitzgerald: I am aware of the incident to which the Deputy refers. I am informed that the incident in question refers to an occasion on which a PSNI vehicle inadvertently entered the State and then left the State again shortly afterwards. In such circumstances the relevant authorities here are notified and obviously while such incidents are not desirable, it was not considered that any further action...

Written Answers — Department of Justice and Equality: Human Rights Issues (23 Apr 2015)

Frances Fitzgerald: I fully share the horror and outrage at the tragic loss of life in the Mediterranean Sea this 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 attended an emergency joint meeting of EU Foreign Affairs and Interior...

Written Answers — Department of Justice and Equality: Commissions of Investigation (23 Apr 2015)

Frances Fitzgerald: As the Deputy will be aware, I met with family members of the victim to whom he refers in his question and their legal representative to hear their concerns about aspects of the Garda investigation into the murder of their loved one and their call for an inquiry. The case in question was among those inquired into by the late Mr. Justice Henry Barron. I reviewed material which the family...

Written Answers — Department of Justice and Equality: Commencement of Legislation (23 Apr 2015)

Frances Fitzgerald: As the Deputy will be aware, section 1 of the Children and Family Relationships Act 2015 provides for the commencement of different Parts of the Act by different Ministers, because the Act addresses policy responsibilities of several different Ministers. My Department is working on an implementation plan for those areas which I will be commencing with a view to their commencement without...

Written Answers — Department of Justice and Equality: Residency Permits (23 Apr 2015)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned lodged an application on 26 February 2015. Applications are dealt with in chronological order and this application will be receiving attention shortly. Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by...

Written Answers — Department of Justice and Equality: Legislative Measures (23 Apr 2015)

Frances Fitzgerald: The Lunacy Regulation (Ireland) Act 1871 is still in force in the State. It is one of the statutes of the United Kingdom of Great Britain and Ireland, 1801 to 1922, that were retained by the Statute Law Revision Act 2007. The Assisted Decision-Making (Capacity) Bill 2013, awaiting Dáil Committee Stage at the end of May, provides for the Lunacy Regulation (Ireland) Act 1871 to cease...

Written Answers — Department of Justice and Equality: Residency Permits (23 Apr 2015)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question informed INIS that they left the State on 8th March 2014 having remained in the State without permission. As a result, her case was no longer the subject to the provisions of Section 3 of the Immigration Act 1999. I am informed that this person re-entered the State on 9 June...

Written Answers — Department of Justice and Equality: Garda Complaints Procedures (23 Apr 2015)

Frances Fitzgerald: I propose to take Questions Nos. 108 and 109 together. The Deputy is referring to 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: Military Aircraft Landings (23 Apr 2015)

Frances Fitzgerald: As the Deputy will appreciate, the particular issue of extraordinary rendition has given rise to regular requests for information from the Garda Authorities including, for example, in respect of Parliamentary Questions and queries from international bodies. It is in this context that the record-keeping distinction arises. I am informed by the Garda Authorities that all information in...

Written Answers — Department of Justice and Equality: Crime Data (23 Apr 2015)

Frances Fitzgerald: I propose to take Questions Nos. 111 and 125 together. As the Deputy will be aware, the Garda Inspectorate Report on Crime Investigation forms an important component in the overall justice reform programme which is currently under way and in respect of which significant progress has already been made. An Garda Síochána has established an Implementation Steering Group to focus on...

Written Answers — Department of Justice and Equality: Naturalisation Applications (23 Apr 2015)

Frances Fitzgerald: Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of a current application for a certificate of naturalisation from the person referred to in the Deputy's question, who currently has permission to remain in the State until 07 December, 2016. A previous application for a certificate of naturalisation were refused...

Written Answers — Department of Justice and Equality: Asylum Applications (23 Apr 2015)

Frances Fitzgerald: If the person whose details were supplied has made an application for asylum or subsidiary protection, the Deputy will be aware that it is not the practice to comment on such applications for so long as they remain in the protection process. The question of naturalisation/long term residency does not arise at this time in the case of the person whose details were supplied.

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