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Written Answers — Department of Justice and Equality: Garda Vetting Applications (10 Feb 2015)

Frances Fitzgerald: Ensuring the safety of children and vulnerable adults is the primary consideration in any vetting process and accordingly such vetting processes demand rigorous procedures to ensure their integrity and to maintain the highest level of confidence by the public and organisations availing of the service. There is no arrangement in place whereby vetting reports are valid for fixed periods of...

Written Answers — Department of Justice and Equality: Courts Service (10 Feb 2015)

Frances Fitzgerald: As the Deputy is aware, the Courts Service Act 1998 provides that management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of accommodation for court sittings. However, in order to be of assistance I have had enquiries made and have been informed that during 2014, the Courts Service commenced a...

Written Answers — Department of Justice and Equality: Domestic Violence Policy (10 Feb 2015)

Frances Fitzgerald: The Government is committed to introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence. In this regard, I intend to bring the General Scheme of a consolidated bill on domestic violence to Government early this year with a view to enactment later this year. My Department has received a number of proposals in relation to the reform of...

Written Answers — Department of Justice and Equality: Guardian Status (10 Feb 2015)

Frances Fitzgerald: There are two mechanisms under the current law through which a non-marital father can become a guardian of his children. If the mother agrees, the parents can jointly make a statutory declaration appointing the father as a guardian; alternatively, the father may apply to court to be appointed a guardian under Section 6A of the Guardianship of Infants Act 1964. The vast majority of such court...

Written Answers — Department of Justice and Equality: Spent Convictions Legislation (10 Feb 2015)

Frances Fitzgerald: I propose to take Questions Nos. 369 and 370 together. The Criminal Justice (Spent Convictions) Bill has passed Committee Stage in the Dáil, having passed all stages in the Seanad. However, before the Bill could be taken at Report Stage, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable...

Written Answers — Department of Justice and Equality: Magdalen Laundries (10 Feb 2015)

Frances Fitzgerald: Judge Quirke's recommendation on the issue of advocacy will be implemented. However, Judge Quirke makes a very clear distinction between what is required for most women and what is required for those lacking full mental capacity including those women that are in institutional settings. I can advise the Deputy that women who were in the Magdalen laundries are already covered under section...

Garda Síochána (Amendment) (No. 3) Bill 2014: Report Stage (Resumed) and Final Stage (5 Feb 2015)

Frances Fitzgerald: We discussed certain elements of this amendment earlier. We are sending a strong message by imposing on the Garda Commissioner a statutory obligation to provide information. This is an important step. As Deputies Mick Wallace and Clare Daly acknowledged, it is right to underpin in law the obligation to make information available. The purpose of the new section 103A which is being inserted...

Garda Síochána (Amendment) (No. 3) Bill 2014: Report Stage (Resumed) and Final Stage (5 Feb 2015)

Frances Fitzgerald: The best thing to do is to keep the matter under review. If I were to include in the section a time limit of six months or one year, that period would become the norm. I understand the average period for producing information is shorter than six months. I suggest we keep the position on timeframes under review.

Garda Síochána (Amendment) (No. 3) Bill 2014: Report Stage (Resumed) and Final Stage (5 Feb 2015)

Frances Fitzgerald: I will consider the Deputy's suggestion.

Garda Síochána (Amendment) (No. 3) Bill 2014: Report Stage (Resumed) and Final Stage (5 Feb 2015)

Frances Fitzgerald: I do not have any further comments to make, save to say it is not possible for me to accept in a legislative sense the assignment of responsibilities to a body that does not exist at this point.

Garda Síochána (Amendment) (No. 3) Bill 2014: Report Stage (Resumed) and Final Stage (5 Feb 2015)

Frances Fitzgerald: There is a very basic problem with the amendments tabled and it will become obvious when I explain it. I am unable to accept the amendments because the Deputies are trying to give certain responsibilities to the proposed policing authority, a body that has not yet been established. How could the House agree to assign responsibilities in advance of a body being set up? That clearly cannot...

Garda Síochána (Amendment) (No. 3) Bill 2014: Report Stage (Resumed) and Final Stage (5 Feb 2015)

Frances Fitzgerald: I move amendment No. 16:In page 4, to delete lines 23 to 27 and substitute the following:“(2) The Minister may, with the approval of the Government and if he or she considers it desirable in the public interest to do so, request the Ombudsman Commission to investigate any matter that gives rise to a concern that the Garda Commissioner may have done anything referred to in subsection...

Garda Síochána (Amendment) (No. 3) Bill 2014: Report Stage (Resumed) and Final Stage (5 Feb 2015)

Frances Fitzgerald: I move amendment No. 17:In page 4, to delete lines 28 to 30 and substitute the following:“(3) The Minister may, with the approval of the Government, for stated reasons refuse to consent to an investigation by the Ombudsman Commission of any matter under subsection (2).”.

Garda Síochána (Amendment) (No. 3) Bill 2014: Report Stage (Resumed) and Final Stage (5 Feb 2015)

Frances Fitzgerald: I move amendment No. 14:In page 4, line 18, after "Minister" to insert "given with the approval of the Government".

Garda Síochána (Amendment) (No. 3) Bill 2014: Report Stage (Resumed) and Final Stage (5 Feb 2015)

Frances Fitzgerald: Section 7 of the Bill inserts a new section 102B into the 2005 Act which, for the first time, brings the Garda Commissioner within the scope of GSOC investigations. This is a significant and important development to which the Government attaches a great deal of importance. Far from the interpretation being given here, it is a significant provision which strengthens the powers of GSOC in...

Garda Síochána (Amendment) (No. 3) Bill 2014: Report Stage (Resumed) and Final Stage (5 Feb 2015)

Frances Fitzgerald: Deputy Clare Daly has referred to section 9 which includes new provisions that underpin the requirement on An Garda Commissioner to provide information for GSOC. It inserts a new section, section 103A, into the Garda Síochána Act, placing a statutory obligation on the Commissioner to provide GSOC with information as soon as practicable. I took the advice of the Attorney General on...

Garda Síochána (Amendment) (No. 3) Bill 2014: Report Stage (Resumed) and Final Stage (5 Feb 2015)

Frances Fitzgerald: I agree fully with the Deputies that the Garda should make everything on PULSE fully available to GSOC which believes it should have such access for the purpose of investigations. I assure them that at this stage it is an aspect of co-operation and An Garda Síochána that is being fully catered for operationally. That is the reality. There were problems in this area for a variety...

Garda Síochána (Amendment) (No. 3) Bill 2014: Report Stage (Resumed) and Final Stage (5 Feb 2015)

Frances Fitzgerald: If there are questions of criminal investigation concerning retired gardaí, clearly, that would continue in regard to those gardaí. When it comes to disciplinary procedures a different issue arises because if a person is retired that is not relevant. Clearly, however, if there are issues in regard to a criminal investigation that would be ongoing. I will give the Deputies as...

Garda Síochána (Amendment) (No. 3) Bill 2014: Report Stage (Resumed) and Final Stage (5 Feb 2015)

Frances Fitzgerald: As the Deputies noted, we are increasing the period within which a complaint may be made to the Garda Síochána Ombudsman Commission from six months to one year. I thank speakers who welcomed this change. The purpose of the amendment is to extend the time limit from one year with a proviso that it can be set at two years for complaints about behaviour that would constitute an...

Written Answers — Department of Justice and Equality: Garda Deployment (5 Feb 2015)

Frances Fitzgerald: One of the primary functions of the Garda Commissioner under the Garda Síochána Acts, is to direct and control An Garda Síochána. 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...

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