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Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: I thank the Deputy for his amendment. It is important we review all legislation. Deputies are aware that there is an existing provision within Standing Orders for post-enactment reports. It is Standing Order 197. It must be prepared by the Government or the Minister responsible for the legislation 12 months following the enactment. It provides for a review of the functioning of the Act...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: It applies to all legislation.

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: I do not know if it could happen before a change to the particular Standing Order but I am happy, unless otherwise recommended, to have a discussion with the committee or have something presented to the Dáil on the legislation, whether it happens at the request of the committee or automatically. Perhaps that is something that should be discussed by the committee dealing with changes to...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: The period of 24 months is probably a good idea as some legislation is more complex and takes longer to bed in and even understand. In this case, the legislation has been requested for a long time and some concerns have been raised with us by those who have engaged with us on the matter. My concern is that by waiting and including in primary legislation a requirement to have a review after...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: Perhaps we could clarify it. It is clarified in the legislation that the relevant order relates to the admissibility of evidence, which is a key part of the reasoning behind the legislation.

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: The legislation goes a certain distance to deal with what Deputy Martin Kenny has outlined as well. The Minister can set out under section 5(2) to section 5(4) the types of orders that can be set under this legislation that can be addressed in the preliminary trial hearing, the reasons for doing so, the nature of the offence concerned and the complexities that arise in particular offences....

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: I would just like to thank colleagues for the speedy passage of this Stage of the Bill and their support. It was quite a technical Bill in terms of the amendments that are being put forward. It has been sought for some time. I was looking at not just the O'Malley report, but the Hamilton report, the Fennelly report of 2012 and the McDermott report of 2013. This will make a difference and...

Select Committee on Justice and Equality: Criminal Procedure Bill 2021: Committee Stage (2 Mar 2021)

Helen McEntee: The intention is that it will be enacted at the same time.

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Helen McEntee: I thank Senator McDowell and other Senators for the manner in which they have worked with my Department and me to ensure the speedy passage of this legislation in order that we can implement change and address the concerns that have been raised. A number of issues have arisen since Senator McDowell published this Bill which I propose to address in these amendments. Amendment No. 1 proposes...

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Helen McEntee: I thank Senator McDowell for his amendment. It is important to stress the co-operative and collegiate approach in which this legislation has been approached. I asked my officials to consider the amendment he proposed and the possibility of accepting it.As Senator McDowell has said, the policy is the same and what we are trying to achieve here is essentially the same. The advice I have been...

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Helen McEntee: I will outline the advice we have received. On the substitution of section 252, this would constitute a repeal and re-enactment with modifications which then engages section 26(2) of the Interpretation Act. The implications of the application of section 26(2) would need to be carefully considered and that it is not possible in the timeframe involved. The advice is that amending section 252...

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Helen McEntee: I will address three points. The first is Senator McDowell's amendment. I am not suggesting the amendment will change the substance of the policy or content of the Bill, it is simply a sense that replacing the sections and changing subsection numbers might create a difficulty. It is important that every Member is clear about what has changed, to try to avoid any confusion with references...

Seanad: Children (Amendment) Bill 2020: Committee Stage (1 Mar 2021)

Helen McEntee: Section 252 creates a criminal offence and, therefore, there is a need that people, including the media, the courts and even the Director of Public Prosecutions, know in advance the date on which the new provisions will come into force. We will not know in advance the date on which the President will sign the Bill, and there can be a short delay as a new Act is promulgated before it becomes...

Health (Amendment) Bill 2021: Second Stage (Resumed) (25 Feb 2021)

Helen McEntee: I thank the House for the opportunity to speak on the Health (Amendment) Bill 2021. The Government this week took the decision to extend significant restrictions. This was not a decision we took lightly but while reflecting on a number mentioned by many Deputies today, namely, those 4,237 people who have died because of Covid-19. Everything we are doing is to keep that number as low as...

Written Answers — Department of Justice and Equality: Insurance Industry (25 Feb 2021)

Helen McEntee: I propose to take Questions Nos. 217 to 219, inclusive, together. I would like to assure the Deputy that insurance reform is a key priority for this Government. That is reflected in the Programme for Government itself and in the Government’s Action Plan for Insurance Reform which was launched last December. The Action Plan sets out 66 actions designed to bring down costs for...

Written Answers — Department of Justice and Equality: Garda Reserve (25 Feb 2021)

Helen McEntee: The Garda Commissioner is responsible, by law, for the management and administration of An Garda Síochána, including the recruitment and training of Garda members and staff.  As Minister, I have no direct role in such decisions. The Deputy may wish to note that on 19 January 2021, 69 Garda Reserves attested on completion of their training along with 71 Garda members. ...

Written Answers — Department of Justice and Equality: Garda Síochána Ombudsman Commission (25 Feb 2021)

Helen McEntee: As the Deputy will be aware, and in accordance with section 80 (1) of the Garda Síochána Act 2005, the Garda Síochána Ombudsman Commission shall submit an annual report on the activity and work of the Commission for the immediately preceding year to the Minister no later than 31 March of each year. I anticipate that the annual report for 2020 will be provided to me by 31...

Written Answers — Department of Justice and Equality: Visa Applications (25 Feb 2021)

Helen McEntee: In response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned. These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable...

Written Answers — Department of Justice and Equality: Citizenship Applications (25 Feb 2021)

Helen McEntee: I can confirm that the Citizenship Division of the Immigration Service of my Department has continued to accept and process citizenship applications throughout the Covid-19 pandemic restrictions. I accept that there is a significant delay in the processing of applications for citizenship. However, a number of issues have impacted on the processing of citizenship applications over the...

Written Answers — Department of Justice and Equality: Legal Aid Service (25 Feb 2021)

Helen McEntee: I am very happy to be able to reply to the Deputy on these matters and for his understanding in allowing the additional time necessary to complete the relevant enquiries with the Legal Aid Board. As the Deputy will appreciate, the Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means, in accordance with the...

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