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Written Answers — Department of Justice and Equality: Residency Permits (3 Mar 2021)

Helen McEntee: Unfortunately, it has not been possible to compile the requested information in the time available. I will write to the Deputy directly in the coming days.

Written Answers — Department of Justice and Equality: Liquor Licences (3 Mar 2021)

Helen McEntee: Section 24 of the Courts (Supplemental Provisions) Act 1961 provides that the Circuit Court shall have jurisdiction in all cases of applications for new on-licences. Where an existing on-licence has lapsed during the preceding five years, this provision also applies to the grant of a new licence. This is a necessary part of the checks and balances in place for appropriate licensing for the...

Written Answers — Department of Justice and Equality: Crime Prevention (3 Mar 2021)

Helen McEntee: Tackling domestic abuse and providing supports for victims is a priority for me as Minister and for Government. Since my appointment I have been continuously working with my colleagues and with our partners to ensure that we have robust legislation, policies and infrastructure that can support and assist victims and hold perpetrators to account. With regard to the specific information...

Written Answers — Department of Justice and Equality: Gender Recognition (3 Mar 2021)

Helen McEntee: The details provided by the person concerned in the correspondence to the Deputy indicate that the question centres on gender recognition and the manner in which applications for gender recognition certificates are recorded, rather than changing one’s name by deed poll. Gender recognition certificates are a matter for the Department of Social Protection, which is also responsible for...

Written Answers — Department of Justice and Equality: Naturalisation Applications (3 Mar 2021)

Helen McEntee: An application for a certificate of naturalisation was received from the person referred to by the Deputy on 5 February 2019. This application is currently being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation and will be submitted for decision as expeditiously as possible. If any further documentation is required,...

Written Answers — Department of Justice and Equality: National Broadband Plan (3 Mar 2021)

Helen McEntee: As Minister of Justice, I have not engaged with National Broadband Ireland on any aspect of broadband provision in the past six months. I have engaged, through my constituency office, with National Broadband Ireland. However, it would not be appropriate to provide details of this engagement, which has been in my capacity as a member of Dáil Éireann, not as Minister for Justice.

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

Helen McEntee: We have examined this matter. We are all trying to achieve the same thing. Perhaps I am incorrect but my understanding of the amendment, as it is being set out, is that its effect would be to require a higher test for arraigning a person at the preliminary trial hearing. I do not believe that is necessary in this instance. It is being left up to the court, and it is appropriate that the...

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

Helen McEntee: It can replace it but that does not have to be the case.

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

Helen McEntee: Yes.

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

Helen McEntee: The difference is between where someone is being arraigned and where other types of matters are being assessed, which is the second part. It is not only arraigning a person but considering matters such as case management, the availability of witnesses and the length of the trail. We would be going into a different type of list. This is simply focusing on arraignment. It would be more...

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

Helen McEntee: To give some context, section 21 of that Act, as the Deputy outlined, states: In any proceedings relating to an offence, where a court is satisfied that— (a) the nature or circumstances of the case are such that there is a need to protect a victim of the offence from secondary and repeat victimisation, intimidation or retaliation, and (b) it would not be contrary to the...

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

Helen McEntee: It is provided for in the Criminal Justice (Victims of Crime) Act. It sets out that where a person will be victimised, where there will be intimidation or where it is contrary to the interests of justice, a question about a person's private life is not acceptable. It is not for me or the Deputy to decide whether that is appropriate in the context of a case. It is very much up to a judge to...

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

Helen McEntee: It is explained in the Bill that a relevant order relates to the admissibility of evidence. This is a significant part of the legislation. One of the reasons we are introducing pretrial hearings is to allow a decision to be made on whether evidence is relevant. The Bill sets out that a relevant order "means an order as to the admissibility of evidence”. I am not sure we would want...

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

Helen McEntee: I understand where the Deputy is coming from. There is an onus on the prosecution and defence to highlight particular issues they want to raise at the pretrial hearing. It is important that these are not put off and it is claimed later that something has arisen and needs to be raised. Section 6(17) provides that there is an obligation on the prosecution and accused to inform the trial...

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....

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