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Written Answers — Department of Justice and Equality: Departmental Reviews (29 Mar 2018)

Charles Flanagan: The report of the Independent Review of the response of the Department of Justice and Equality to requests for documents from the Disclosures Tribunal was published by the Taoiseach earlier this week.  I want to again thank Michael Collins SC for undertaking this task, and for the comprehensive, efficient and professional way in which he carried out his review. I welcome...

Topical Issue Debate: Garda Station Refurbishment (28 Mar 2018)

Charles Flanagan: I thank Deputy McGrath for raising this issue. I bow to his superior knowledge in the matter of horse training and the equine division of the Garda Síochána, but I acknowledge the diligence, commitment and very hard work the gardaí in Clonmel and south Tipperary undertake on a 24-7 basis. I would like to see this project advancing at the earliest opportunity. As I mentioned,...

Topical Issue Debate: Garda Station Refurbishment (28 Mar 2018)

Charles Flanagan: I offer my condolences and the condolences of the Government to the family of Elisha Gault, whose body was found in Carrick-on-Suir. I offer my sympathy to her parents, Cameron and Gráinne, and to her extended family and I pay tribute to the Garda Síochána, the Coast Guard and the hundreds of volunteers in the south Tipperary area who engaged in the search. It was a dreadful...

Questions on Promised Legislation (28 Mar 2018)

Charles Flanagan: I am currently dealing with the Data Protection Bill and I hope to advance matters through the Seanad later today. As Deputy Lawless was reminded last week, this issue involves a number of Departments and there is an interdepartmental working group under the chairmanship of the Minister for Communications, Climate Change and the Environment, Deputy Denis Naughten. I would be happy to ensure...

Questions on Promised Legislation (28 Mar 2018)

Charles Flanagan: I welcome the completion of the investigation and the consequent publication of the report. There are issues of some concern raised in the report. These were issues that form part and parcel of fundamental reforms within the Department of Justice and Equality. It must be seen as part of an overall package to include investment in IT systems and to ensure that management functions are...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I am pleased to be here this morning to address this important reforming legislation, the Domestic Violence Bill. Members will be aware that there was considerable debate on this Bill in the Upper House, following which a number of amendments were made. Members will be aware of the fact that this Bill has been the subject of debate for some time, published as it was in February of last...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 1:In page 6, between lines 25 and 26, to insert the following:“ “civil proceedings under this Act” means— (a) proceedings relating to an application for the making, variation or discharge of a safety order, a barring order or an emergency barring order, (b) proceedings, consequent on the making of an application for a barring order, for the...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 2:In page 7, between lines 29 and 30, to insert the following:“(3) For the avoidance of doubt, a relationship does not cease to be an intimate relationship for the purposes of this Act by reason only that it is no longer sexual in nature.”. Deputies will recall that during Second Stage in the House and during the Seanad debates, certain issues were raised...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I, too, want to acknowledge the points raised on this issue by Members of the Upper House and by the groups mentioned. In particular, I acknowledge the support of Deputy Ó Laoghaire.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 3:In page 9, line 21, to delete “and committed”.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 4:In page 11, line 25, to delete “and committed”.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 5:In page 16, line 12, to delete “and committed”.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 6:In page 16, to delete lines 16 and 17 and substitute the following:“(2) The court may only make an order under this section in respect of a place where an applicant or a dependent person resides and where—”. The purpose of these amendments is merely to improve the clarity of the provisions of section 9 in the matter of applications for emergency...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 7:In page 16, line 22, to delete “Where the court, on application to it under subsection (2), is of the opinion” and substitute “Subject to subsection (2), where the court, on application to it, is of the opinion”.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I acknowledge the importance of the points raised by Deputies Wallace and Clare Daly. I know where they are coming from and am familiar with the issue. Unfortunately, it is an issue that arises from time to time and does present difficulties. I acknowledge the Seanad amendments, particularly those in the name of Senators Ruane and Black. I do not see how I can go along in its entirety...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I am anxious to meet the concerns portrayed by the Deputies. However, I need to do so in a clear and proportionate manner. I take Deputy O'Callaghan's point about section 10. I and the Office of the Parliamentary Counsel are on the same page on this and want to ensure that adjustments are made to bring about improvement to the text. I will examine it again because what we need is clarity,...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I would not like to see a situation develop where a garda at an emergency situation feels he or she is not of an appropriate rank to make a call or the Garda rank required is not on duty and the case goes unattended. It is a valid point and we will look at it. It is important, however, that the attending officer is of sufficient rank to be in a position to make this call. I will re-examine...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: Yes, I suspect the Chair will not allow me to digress into discussing Garda resources but €1.6 billion is allocated for training. I agree training and expertise are issues. There are ongoing retraining programmes to ensure we have best practice.

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: I move amendment No. 10:In page 24, to delete lines 14 to 17. Section 20 of the Bill provides for copies of the orders under the Act to be given to various persons, including the respondent, by the court. These provisions are included in section 20. Order 59, rule 10, of the District Court rules provides that the clerk of the court shall give a copy of the order under the Domestic Violence...

Select Committee on Justice and Equality: Domestic Violence Bill 2017 [Seanad]: Committee Stage (28 Mar 2018)

Charles Flanagan: The points I have made cover amendment No. 11.

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