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Other Questions: Criminal Law (23 May 2017)

Frances Fitzgerald: I have been discussing this very recently. The Criminal Justice (Victims of Crime) Bill 2016 makes very specific provisions requiring gardaí to carry our special measures in their assessments of victims. The Bill represents a sea change across the criminal justice sector in our attitude to victims. Obviously, that would include people with a disability. For example, that Bill, which...

Other Questions: Criminal Law (23 May 2017)

Frances Fitzgerald: As I said, we are undertaking a review of the 1989 legislation. I have already pointed to a number of pieces of legislation that are certainly strengthening the rights of victims who would be subject to hate crime. If further legislation is needed, we would certainly be open to introducing it.

Other Questions: Surveillance Operations (23 May 2017)

Frances Fitzgerald: The interception of telecommunications and the use of covert surveillance by the Garda and other law enforcement authorities are governed by the provisions of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the Criminal Justice (Surveillance) Act 2009. The law provides a clear framework and sets out strict criteria for the use of interception and...

Other Questions: Surveillance Operations (23 May 2017)

Frances Fitzgerald: The law provides for a clear, judicially based oversight process. There are multilayered checks and balances which are designed specifically to guard against the type of abuse we saw in the early 1980s which led to the current legislation. The nature of the report submitted by the designated judge is a matter for the judge. As I said the other day, it is not a question of the length of the...

Other Questions: Surveillance Operations (23 May 2017)

Frances Fitzgerald: I will conclude. It would be quite wrong to suggest it has been established that there is widespread abuse of the interception system.

Other Questions: Surveillance Operations (23 May 2017)

Frances Fitzgerald: With respect, the Deputy does not know how the judge carries out the work. It is up to the judges to decide what level of detail they want in regard to any particular case. When responding to this in the Dáil the other day, I said that Ms Justice Marie Baker, who has the current responsibility, was informed of recent events and it will obviously be up to her to decide if further action...

Other Questions: Criminal Law (23 May 2017)

Frances Fitzgerald: There are robust mechanisms already in place in legislation to deal with discrimination and offences against all members of our society. In general, where criminal offences such as assault, criminal damage, or public order offences are committed against any person, including a person with a disability, they are prosecuted as generic offences through the wider criminal law. Judges are...

Other Questions: Crime Levels (23 May 2017)

Frances Fitzgerald: More than €34 million has been invested in Garda vehicles since 2012, with 720 new vehicles coming on stream since the start of 2015. The investment in a modern, effective and fit-for-purpose fleet will continue under the capital plan, which provides for a further €46 million for new vehicles. To take up the Deputy's point, this includes high-powered vehicles, marked and...

Other Questions: Law Reform Commission Reports (23 May 2017)

Frances Fitzgerald: This report was published on 18 January and is under examination by my senior officials. As the Deputy probably knows, it contains an extensive draft Bill and is a substantial piece of work at more than 460 pages. The law of evidence cuts right across the range of civil and criminal law and the stakes are high, not only in terms of ensuring that our evidence laws are effective, efficient...

Other Questions: Law Reform Commission Reports (23 May 2017)

Frances Fitzgerald: I agree that how evidence is handled, tested and reconciled goes to the heart of court proceedings and the rights of litigants and accused persons. It has implications in terms of costs, the length of time taken in cases and efficiency in civil and criminal cases that are before the courts. I am conscious of those implications. I sponsored what became the Legal Services Regulation Act...

Other Questions: Law Reform Commission Reports (23 May 2017)

Frances Fitzgerald: This is an extensive report that contains many recommendations. If there are recommendations that can be taken forward speedily, they can be examined. When I get the first report on the matter, we will be in a position to decide. The work by Mr. Justice Peter Kelly's group is progressing and basic arrangements are being put in place. That will be useful and could be a place from which we...

Other Questions: Domestic Violence (23 May 2017)

Frances Fitzgerald: Domestic violence is a very serious issue. I can only agree with the Deputy that the more people talk about it, the better. A large number of men are working very hard to change current attitudes which result in an extraordinary level of violence against women. I had thought and hoped domestic violence would decrease but unfortunately that is not the case. Domestic violence is often...

Other Questions: Crime Levels (23 May 2017)

Frances Fitzgerald: This is a comprehensive question on which I will try to provide as much information as possible. I will also circulate figures in a table. The Central Statistics Office, CSO, as the national statistics agency, is responsible for the publication of the official recorded crime statistics. These figures are published quarterly and I have provided the Deputy with a summary table of the trends...

Other Questions: Crime Levels (23 May 2017)

Frances Fitzgerald: We must also look at our own figures over the years and I have provided these in the table. The effective use of resources can be seen in Operation Thor, which has led to a steady decrease in the rate of burglary and related crime since it was established with Government support in November 2015. The full year crime figures for 2016 showed a 30% decrease compared with 2015. The basic...

Other Questions: Drug and Alcohol Testing (23 May 2017)

Frances Fitzgerald: I reassure the Deputy, following the meeting I attended on Monday with senior gardaí involved in traffic management and testing, that it is operational. That is the first point to make. The tests are being done and the specimens are going through, as Professor Cusack outlined at the meeting I attended. That is important. It is operational. I may need to correct the figure for new...

Other Questions: Drug and Alcohol Testing (23 May 2017)

Frances Fitzgerald: The point the Deputy raised about the temperature was discussed with Professor Cusack. I knew the issue had been raised. A number of issues were raised on social media in this regard and we do not want to create any anxiety. I am informed by the Medical Bureau of Road Safety, which is the responsible authority for procurement, purchasing, approval and supply of the devices, that where the...

Other Questions: Domestic Violence (23 May 2017)

Frances Fitzgerald: The Legal Aid Board provides civil legal aid and advice to people who cannot afford to pay for a solicitor from their own resources. Applicants are required to meet both the merits test and the financial eligibility criteria. The vast majority of applicants granted legal aid and advice are required to pay some contribution. The majority of applicants for legal aid in connection with...

Other Questions: Domestic Violence (23 May 2017)

Frances Fitzgerald: I am very reluctant to discuss individual court details and evidence given by professionals in courts on the floor of the Dáil. I have not seen any collusion in the approach to domestic violence taken in this House. I recently launched the second strategy on domestic violence and considerable work is being done by all the stakeholders and front-line services involved in this area. The...

Other Questions: Compensation Schemes (23 May 2017)

Frances Fitzgerald: Following inquiries in my Department and telephone contact with the group referred to in the details supplied, I wish to confirm that there are no outstanding claims for payments in my Department. The group received funding in each of the years 2014 to 2016, inclusive, from the Department of Foreign Affairs and Trade under the reconciliation fund administered by that Department. The...

Other Questions: Compensation Schemes (23 May 2017)

Frances Fitzgerald: The medical needs are being provided for. The Victims of Crime Office in my Department continues to provide the funding for certain ongoing medical needs. The Deputy said that. The particular group received total funding of more than €1.2 million through the remembrance commission which was financed by my Department. That operated a scheme of payments to groups offering support...

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