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Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I move amendment No. 16:In page 10, line 31, to delete “a code of practice” and substitute “a code or codes of practice”.

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I move amendment No. 18:In page 10, line 31, to delete “a person” and substitute “any person”. I will withdraw the amendment.

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: This group of amendments relates to codes of practice under section 9(2) of the Bill. I regret I am unable to accept amendments Nos. 19 to 21, inclusive, and 23. On Committee Stage, concern was expressed that the list of matters that could be covered in a code of practice was too prescriptive and that section 9(2) be amended to provide that other matters relevant to the conduct of mediation...

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: We discussed this matter recently on Committee Stage. What is contained in the amendment tabled by Deputy Wallace and me meets an issue that was raised at that Stage by way of clarification, which is that the mediator must furnish the parties with a copy of any code of practice under section 9 to which he or she subscribes. If we recall it, on Committee Stage a fear was expressed that a...

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I acknowledge the point raised by Deputy Madigan in respect of the amendment to section 8. However, section 8(1)(c) provides that the mediator shall "furnish to the parties a copy of any code of practice to which he or she subscribes in so far as mediation is concerned". It goes without saying that the mediator should abide by such terms. Otherwise the parties would have a good ground for...

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I move amendment No. 12:In page 10, line 28, to delete “may,” and substitute “shall, as soon as practicable after the coming into operation of this section and”. I refer to the contributions on Committee Stage of Deputies Clare Daly and Mick Wallace who withdrew a number of amendments concerning codes of practice in order to allow for further reflection on my part....

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: Amendment No. 9 is one we are happy with and we can accept it without further debate. Amendment No. 8 involves an issue we discussed recently on Committee Stage. Deputy Daly proposes to replace the reference to "any code of practice" with "the code or codes of practice published under section 9". I have a difficulty with this wording because it refers only to a code published under section...

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: Another issue about amendment No. 6 which would be particularly unfortunate and could have the opposite effect to what we are trying to do with this Bill is that any weakening of support for mediation in family law cases on the grounds of alleged domestic abuse could in some circumstances encourage the making of such allegations with a view towards getting around the obligations on solicitors...

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: Section 3(1)(h).

Mediation Bill 2017: Order for Report Stage (11 Jul 2017)

Charles Flanagan: I move: "That Report Stage be taken now."

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I move amendment No. 1:In page 5, line 5, to delete “civil”. Amendment No. 1 proposes deletion of the word "civil" from the first line of the Long Title. The term "dispute" rather than "civil dispute" is in use throughout the Bill, so "civil" is superfluous in line 1. Deputies will recall that on Committee Stage I introduced the new Part 6, which includes amendments to family...

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I move amendment No. 2:In page 5, line 14, after “sessions;” to insert the following:“to amend the Guardianship of Infants Act 1964, the Judicial Separation and Family Law Reform Act 1989 and the Family Law (Divorce) Act 1996;”

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I move amendment No. 4:In page 6, line 21, to delete “confidential facilitative voluntary” and substitute “confidential, facilitative and voluntary”. This is purely a drafting amendment in respect of the definition of mediation in section 2 and it improves the readability and clarity of the section.

Mediation Bill 2017: Report Stage (11 Jul 2017)

Charles Flanagan: I appreciate the comments of Deputy Ó Snodaigh and the intention behind them. We had an opportunity to debate these issues in the earlier Stages of the legislation and I am unable to accept the amendments. I will make two important points. First, I wish to make the point quite clearly that in section 3(1)(h), on the matter of the scope and extent of the legislation, there is a...

Topical Issue Debate: Garda Stations (11 Jul 2017)

Charles Flanagan: I acknowledge the contribution of the Deputy in raising this issue of importance. As Deputy McLoughlin will be aware, the Office of Public Works, OPW, has primary responsibility for the provision and maintenance of Garda accommodation and works closely with the Garda authorities in this regard. As Minister, I do not have any direct role in these matters. The programme for Government...

Topical Issue Debate: Garda Stations (11 Jul 2017)

Charles Flanagan: I very much regret if Deputy McLoughlin is disappointed with the answers which I have endeavoured to give him. I assure him of the help and assistance of the Department of Justice and Equality and my office, and of my own interest in this issue. The issue, as I see it, is the acquisition of a local site in Sligo. Perhaps the local Deputy could assist and use his good offices to assist in...

Written Answers — Department of Justice and Equality: Commercial Rates (11 Jul 2017)

Charles Flanagan: I can inform the Deputy that the position regarding the determination of commercial rates under Irish law is that rates are essentially a charge on the occupation of property where the occupier is liable for payment unless expressly exempted under the terms of Schedule 4 of the Valuation Act (as amended). Accordingly, rates are levied on a very wide range of commercial and industrial...

Written Answers — Department of Justice and Equality: Mental Health Commission (11 Jul 2017)

Charles Flanagan: The Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act was signed into law on 30 December 2015. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission, must be put in place before the...

Written Answers — Department of Justice and Equality: Garda Operations (11 Jul 2017)

Charles Flanagan: As the Deputy will appreciate, the Garda Commissioner is primarily responsible for the operation of the Garda CCTV network and I, as Minister, have no direct role in the matter. I have, however, been informed by the Garda authorities thatthere are some 35 Garda CCTV schemes in operation throughout the State and these are listed below. Of these, 7 schemes were granted authorisation from the...

Written Answers — Department of Justice and Equality: Garda Strength (11 Jul 2017)

Charles Flanagan: As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of...

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