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Joint Oireachtas Committee on European Union Affairs: Forthcoming General Affairs Council: Discussion with Minister of State (12 Nov 2015)

Dara Murphy: It will be held early in the spring. Does the Chairman not watch RTE news?

Joint Oireachtas Committee on European Union Affairs: Forthcoming General Affairs Council: Discussion with Minister of State (12 Nov 2015)

Dara Murphy: The Senator is absolutely correct; it is the essential way of doing things. Much stronger supports are available for countries of origin. Countries of transit outside the European Union must also receive the support they need. At the most recent meetings of the General Affairs Council, commitments were given and agreements made. At this point, the discussions are focused on delivering on...

Joint Oireachtas Committee on European Union Affairs: Forthcoming General Affairs Council: Discussion with Minister of State (12 Nov 2015)

Dara Murphy: It has been frequently pointed out that, as a small country, Ireland has made a major humanitarian and financial contribution to addressing the crisis, including saving more than 8,000 lives. While we could have availed of an opt-out mechanism, Ireland instead chose to opt into the measures for relocation and resettlement of refugees. This reflects the humanitarian spirit of Irish people...

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

Dara Murphy: Given the trooping up and down the country trying to frighten the people of rural Ireland about policing levels, it has been disappointing to sit through this debate for more than an hour last night and again today with no member of Fianna Fáil present. It is the party that closed the academy at Templemore and reduced Garda numbers. Since this is a serious issue, it is disappointing...

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

Dara Murphy: Sorry, I meant, all of the elements. There are two Government amendments as well, and she certainly supports those.

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

Dara Murphy: No. There is full agreement between her and her officials on this significant, reforming and long overdue legislation, which will improve trust and co-operation between the oversight bodies and the Garda.

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

Dara Murphy: I understand the Deputy had concluded his contribution when the debate adjourned yesterday evening. If I may, I will respond to the amendment, on which Deputies Clare Daly and Mick Wallace, who are present, also made contributions. Deputies Daly and Wallace raised concerns about the grouping of amendments. I do not propose to restate what I said yesterday, other than that to point out...

Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Report Stage (11 Nov 2015)

Dara Murphy: I would just restate the point that the Minister for Justice and Equality is in Valletta at a summit that is addressing the biggest crisis to affect our Continent in a generation and it is essential that she is there. It is a crisis that has come upon the European Union over the period she has been in office. She is an extremely hard-working Minister who would be here under normal...

Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Report Stage (11 Nov 2015)

Dara Murphy: No Opposition Member was present on Committee Stage. Determining whether amendments are allowed is a matter for the Ceann Comhairle and he made his ruling. The Minister for Justice and Equality, Deputy Fitzgerald, is attending the summit on the migration crisis in Valletta. During the past year, it has been the most pressing issue for politicians across our Continent. Everybody should...

Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Order for Report Stage (11 Nov 2015)

Dara Murphy: I move: "That Report Stage be taken now."

Written Answers — Department of Justice and Equality: Data Protection (13 Oct 2015)

Dara Murphy: The Deputy will appreciate that I am not in a position as Minister of State at the Department of Justice and Equality to interpret the law, or to provide advice on a particular case in response to a Parliamentary Question. The general position is that the Data Protection Acts 1988 and 2003 apply to the processing of personal data, including the recording of such data by CCTV systems. However,...

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: Yes.

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: I thank the Chairman for the welcome afforded to me. Deputies will be aware that the role of the policing authority will be to oversee the performance by An Garda Síochána of its functions relating to policing services. The Garda Síochána is also the security service for the State and the Garda Commissioner will continue to be accountable to the Minister and the...

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: I acknowledge the points made by Deputy Mac Lochlainn. Let me restate that the Minister has considered these amendments very carefully and in this particular case, given that the security of the State is a priority function of Government, the task of deciding whether an item relates to policing or security matters should be undertaken by the Minister and has to take place in his or her...

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: On the specific point made by Deputy Wallace on amendments in the name of Deputy Finian McGrath, the amendments would assign to GSOC the functions of Government in relation to national security. Deputies are all aware that the core function of GSOC is to investigate complaints made against members of the Garda Síochána and has no oversight function in relation to national security....

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: The Minister would have to explain his or her decision to both parties in the event of a disagreement. As to whether there would be a report, it is unlikely that would require a report given that there would be two parties involved who would each get the same explanation for the decision.

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: All advice from the Attorney General to Ministers is privileged.

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: Section 5 of the Bill inserts a new section 3B into the principal Act which sets out the policing principles that will underpin the provision of policing services in the State. According to 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...

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: The effect of these amendments would be to remove from the Government and the Minster for Justice and Equality any role in the appointment and removal of senior members of the Garda Síochána. Legislation must be fully compatible with the Constitution. No member would wish that there would be a serious constitutional question over legislation. Article 28.2 of the Constitution...

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: It is acknowledged that having a combination of policing and security services gives rise to certain realities. Another reality is that the Attorney General has given her interpretation of the Constitution. The Government cannot and will not ignore that advice but, to be fair, this Bill does transfer significant ministerial powers to the authority. The Attorney General is the legal adviser...

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