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Written Answers — Department of Justice and Equality: Legal Services Regulation (14 Jan 2015)

Frances Fitzgerald: The Legal Services Regulation Bill, which was published on 12 October 2011, has completed both Second and Committee Stages in the Dáil. It commenced Dáil Report Stage on 11th July 2014 which is to resume in the coming weeks. It is my intention that the Bill be enacted so that the new Legal Services Regulatory Authority come into operation during the first half of 2015. It is...

Written Answers — Department of Justice and Equality: Residential Institutions (14 Jan 2015)

Frances Fitzgerald: I propose to take Questions Nos. 400 and 401 together. The Redress for Women Resident in Certain Institutions Bill 2014 provides that the HSE will make available, without charge, specified health services in the State to participants of the ex-gratia scheme. Access to equivalent health services to participants living abroad will be dealt with on an administrative basis by the HSE. In regard...

Written Answers — Department of Justice and Equality: Irish Water Expenditure (14 Jan 2015)

Frances Fitzgerald: The Garda Commissioner is the Accounting Officer for the Garda Vote. In that context I am informed by the Garda authorities that Irish Water are not contributing financially towards the costs incurred by An Garda Síochána policing protests in respect of the installation of water meters. The Garda Commissioner may direct members of An Garda Síochána, in compliance with...

Written Answers — Department of Justice and Equality: Criminal Prosecutions (14 Jan 2015)

Frances Fitzgerald: I hope the Deputy will appreciate that it would not be appropriate for me to appear to provide legal advice or interpretation of the law, or to comment on a case which may be the subject of criminal proceedings.

Written Answers — Department of Justice and Equality: Garda Vetting of Personnel (14 Jan 2015)

Frances Fitzgerald: The National Vetting Bureau (Children and Vulnerable Persons) Act 2012 provides that information regarding non-convictions will be dealt with as "specified information" under section 15 of that Act. Such information will only be included in a vetting disclosure if the non-conviction information gives rise to a bona fide belief that the person would pose a threat to a child or vulnerable...

Written Answers — Department of Justice and Equality: Legislative Measures (14 Jan 2015)

Frances Fitzgerald: As I indicated in response to Parliamentary Questions Nos 380 and 381, an implementation Bill will be required to make civil marriage available to same-sex couples in the event that the referendum is passed by the People this year. Provision will be made in that Bill to ensure that couples who are civil partners of each other may marry each other. The detailed provisions enabling this will,...

Written Answers — Department of Justice and Equality: Criminal Law (14 Jan 2015)

Frances Fitzgerald: There has been much confusion around the commencement of Part 3 of the Criminal Justice (Mutual Assistance) Act 2008, which is the purpose behind the signing into law of Statutory Instrument 541 of 2014. The 2008 Act gives effect to the EU Convention on Mutual Assistance in Criminal Matters. It applies only to mutual assistance in relation to criminal matters and is the basis for Ireland's...

Written Answers — Department of Justice and Equality: Courts Service (14 Jan 2015)

Frances Fitzgerald: I wish to inform the Deputy that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that...

Written Answers — Department of Justice and Equality: Statutory Instruments (14 Jan 2015)

Frances Fitzgerald: There has been much confusion around the commencement of Part 3 of the Criminal Justice (Mutual Assistance) Act 2008, which is the purpose behind the signing into law of Statutory Instrument 541 of 2014. The 2008 Act gives effect to the EU Convention on Mutual Assistance in Criminal Matters. It applies only to mutual assistance in relation to criminal matters and is the basis for Ireland's...

Written Answers — Department of Justice and Equality: Citizenship Applications (14 Jan 2015)

Frances Fitzgerald: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy. As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the...

Written Answers — Department of Justice and Equality: Legislative Programme (14 Jan 2015)

Frances Fitzgerald: The primary aim of the Assisted Decision-Making (Capacity) Bill, awaiting Committee Stage, which is currently before the Dail, is to abolish the current court wardship system and to replace it with a new decision-making framework that is compliant with the UN Convention on the Rights of Persons with Disabilities. The Bill provides for the Lunacy Regulation (Ireland) Act 1871 to cease to...

Written Answers — Department of Justice and Equality: Legislative Process (14 Jan 2015)

Frances Fitzgerald: The Assisted Decision-Making (Capacity) Bill 2013 was published in July 2013. My Department is currently working on possible amendments to it aimed at ensuring that it complies with the UN Convention on the Rights of Persons with Disabilities. These amendments are subject to approval through the legislative process, the next stage of which will be examination by Dáil Committee in the...

Written Answers — Department of Justice and Equality: Legislative Measures (14 Jan 2015)

Frances Fitzgerald: Under the Prohibition of Incitement to Hatred Act 1989, it is an offence, inter alia, to use words, publish or distribute written material, or broadcast any visual images or sounds which are threatening, abusive or insulting and are intended, or, having regard to all the circumstances, are likely to stir up hatred. The word "hatred" is defined as "hatred against a group of persons in the...

Written Answers — Department of Justice and Equality: Garda Síochána Ombudsman Commission Investigations (14 Jan 2015)

Frances Fitzgerald: The Garda Síochána Act 2005 established the Garda Síochána Ombudsman Commission (GSOC) to receive complaints from members of the public concerning the conduct of members of the Garda Síochána. The Act stipulates that the Ombudsman Commission is statutorily independent in the exercise of its functions and I have no role or function in the processing of individual...

Written Answers — Department of Justice and Equality: Prison Investigations (14 Jan 2015)

Frances Fitzgerald: The Question relates to an independent investigation by the Inspector of Prisons into the death in custody of a prisoner in the Midlands Prison on 30 January, 2012. I published the Inspector's report on 17 December, 2014. I would like to begin by taking this opportunity to offer my sympathy to the family concerned on their loss. I would also like to thank the Inspector of Prisons, Judge...

Written Answers — Department of Justice and Equality: Legislative Measures (14 Jan 2015)

Frances Fitzgerald: The primary aim of the Assisted Decision-Making (Capacity) Bill is to put in place a new legislative framework to support persons with capacity difficulties in a manner that is compliant with the UN Convention on the Rights of Persons with Disabilities. One of the key requirements of the UN Convention is that persons with capacity difficulties should be enabled to exercise decision-making...

Written Answers — Department of Justice and Equality: Garda Powers (14 Jan 2015)

Frances Fitzgerald: I am informed by the Garda authorities that a total of thirty three requests to search aircraft at Shannon Airport were made between the period 1 January 2002 and 31 December 2014. Statutory powers of search and entry are bestowed upon the Garda Síochána under various legislative provisions and when authorised by a judge. However, these powers are exercised in circumstances where...

Written Answers — Department of Justice and Equality: Judicial Appointments (14 Jan 2015)

Frances Fitzgerald: As the Deputy may be aware a constitutional referendum would be required to amend the Constitutional provisions in question and this issue has been considered by Government. In July 2012, the Government approved consideration of an amendment to the constitution so as to provide for an alternative secular judicial declaration upon appointment to the judiciary. The matter was then referred to...

Written Answers — Department of Justice and Equality: English Language Training Organisations (14 Jan 2015)

Frances Fitzgerald: Following the closure of a number of private sector English language colleges during 2014 my colleague, the Minister for Education and Skills, and I established a task force to assist genuine students affected by these private sector college closures. The report of the task force was published on 2 September 2014. A dedicated website has been put in place outlining a range of options open to...

Written Answers — Department of Justice and Equality: Departmental Bodies Data (14 Jan 2015)

Frances Fitzgerald: The details (since 2011) of the merger, reform or abolition of Agencies/associated bodies under the remit of my Department are outlined below. Legal Aid Board Responsibility for the administration of three ad-hoc Criminal Legal Aid Schemes was transferred to the Legal Aid Board. Garda Station Legal Advice Scheme The Scheme provides that where a person is detained in a Garda station for...

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