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Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Report Stage (Resumed) (12 Nov 2015)

Ann Phelan: I second Deputy Shatter's proposal.

Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Report Stage (Resumed) (12 Nov 2015)

Ann Phelan: The core point, which has been articulated widely in both Houses, is that there are limits to the extent to which the executive power of the State in relation to policing can be delegated. While the position is not being accepted by the Deputies, the legal advice provided by the Attorney General is clear. The Bill has been developed taking into account the constitutional position. In...

Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Report Stage (Resumed) (12 Nov 2015)

Ann Phelan: Without wishing to repeat all the points raised in the detailed Committee Stage debate on these amendments, it is important to point out that the effect of the amendments would, in particular, be to remove from the Government and the Minister for Justice and Equality any role in the appointment or dismissal of members of the Garda Síochána. In the course of drafting this Bill, the...

Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Report Stage (Resumed) (12 Nov 2015)

Ann Phelan: Section 5 inserts a new section 3B into the principal Act, which sets out the policing principles that will underpin the provision of policing services. Under these principles, policing should be conducted independently, impartially, in accordance with the law and in a manner that respects human rights and supports the proper and effective administration of justice. Such principles are a...

Written Answers — Department of Transport, Tourism and Sport: Rural Transport Services (11 Nov 2015)

Ann Phelan: Responsibility for the management of the Rural Transport Programme was assigned to the National Transport Authority (NTA) with effect from 1st April 2012. This includes responsibility for implementing the restructuring of the Programme announced in July 2013, involving the establishment of 17 Transport Co-ordination Units. I have therefore forwarded your question to the...

Written Answers — Department of Environment, Community and Local Government: Leader Programmes Applications (11 Nov 2015)

Ann Phelan: The EU Regulations governing the LEADER element of the Rural Development Programme 2007-2013 require that all activities , including projects must be complete, paid and refunded by 31 December 2015. In relation to the project referred to in the Question, I understand that it was approved by Galway Rural Development on 12 September 2013 , with a project completion date of 1 September 2014...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Electoral (Amendment) (No. 2) Bill 2015: Committee Stage (10 Nov 2015)

Ann Phelan: I move amendment No. 1:In page 6, after line 44, to insert the following: “Ballot papers 4. (1) The Fourth Schedule to the Electoral Act 1992 is amended by substituting for the form of a ballot paper (within the meaning of that Act) specified in Part II of that Schedule (as modified by Regulation 7 of the Electoral Regulations 2007 (S.I. No. 156 of 2007)) the form specified in the...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Electoral (Amendment) (No. 2) Bill 2015: Committee Stage (10 Nov 2015)

Ann Phelan: I might pass this specimen over to the Deputy in order that he can have a look at a proposed ballot paper.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Electoral (Amendment) (No. 2) Bill 2015: Committee Stage (10 Nov 2015)

Ann Phelan: The ballot paper is for the general election but it will be reviewed and a review of other ballot papers will take place after that. I know that issues with the register of electors cause significant difficulties. There is a local hiatus in respect of this. Promotional posters were circulated to registration authorities, Members of the Oireachtas, student unions and 48 organisations...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Electoral (Amendment) (No. 2) Bill 2015: Committee Stage (10 Nov 2015)

Ann Phelan: I have listened keenly to Deputy Ó Cuív on this issue. I appreciate his interest to facilitate voting by our island communities. However, it is important that we keep sight of the key objective of ensuring that ballot boxes from island polling stations are at the count centre at 9 a.m. in the morning on the day of the count. That is the No. 1 consideration. It is not desirable...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Electoral (Amendment) (No. 2) Bill 2015: Committee Stage (10 Nov 2015)

Ann Phelan: It is our understanding that transport by helicopter is not always feasible. These are inconvenient realities and we need to be in a position to prepare and react to them proportionately. We have spoken to returning officers about these arrangements and their clear preference is to retain flexibility. Such a provision allows them to make decisions on the occasion of every election and...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Electoral (Amendment) (No. 2) Bill 2015: Committee Stage (10 Nov 2015)

Ann Phelan: I have laid out for the Deputy the reasoning for not accepting this amendment. There is a risk. We have spoken to the returning officers and they want to retain that flexibility. I will undertake to speak to them again. At present the Government is opposing this amendment.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Electoral (Amendment) (No. 2) Bill 2015: Committee Stage (10 Nov 2015)

Ann Phelan: I move amendment No. 3:In page 7, line 11, to delete “section 3” and substitute “sections 3 and 4”.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Electoral (Amendment) (No. 2) Bill 2015: Committee Stage (10 Nov 2015)

Ann Phelan: Deputy Ó Cuív is going to wear us down.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Electoral (Amendment) (No. 2) Bill 2015: Committee Stage (10 Nov 2015)

Ann Phelan: I move amendment No. 4:In page 7, after line 12, to insert the following:

Seanad: Commencement Matters: Social Welfare Offices (10 Nov 2015)

Ann Phelan: I thank the Senator for raising the issue and giving me this opportunity to update the House on the Department of Social Protection's plans to integrate its services in Bantry. Since the transfer of responsibility for community welfare services and employment services from the Health Service Executive and FÁS, respectively, to the Minister for Social Protection, the Tánaiste and...

Seanad: Commencement Matters: Social Welfare Offices (10 Nov 2015)

Ann Phelan: I understand the Senator's concern and will pass the information on to him. I am not sure how this compares with the previous-----

Seanad: Commencement Matters: Social Welfare Offices (10 Nov 2015)

Ann Phelan: We will forward this to the Senator.

Seanad: Commencement Matters: Motor Tax Rates (10 Nov 2015)

Ann Phelan: I thank the Senator for raising this issue. Last month in budget 2016, the Minister for Finance announced that the rates of motor tax on larger goods vehicles are being reduced. The reductions apply to goods vehicles with an unladen weight exceeding 4,000 kg and will take effect for vehicle licences taken out with a commencement date of 1 January 2016 or after. As part of the changes...

Seanad: Commencement Matters: Motor Tax Rates (10 Nov 2015)

Ann Phelan: I do not have any further clarification, nor do I have a timeline. If the Senator sends me an e-mail stating the specific issues he has raised, I will undertake to try to get clarification on them from the Department.

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