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Select Committee on Justice, Defence and Equality: Irish Human Rights and Equality Commission Bill 2014: Committee Stage (6 May 2014)

Alan Shatter: The Deputy raised these issues on Second Stage and he is mistaken in the presentation he makes. The intended effect of the amendments he is proposing is to bring the merger of the Equality Authority and the Irish Human Rights Commission to an end. It will not surprise Deputies when I say that I am opposing these amendments. The text in amendment No. 3 is technically inappropriate for...

Select Committee on Justice, Defence and Equality: Irish Human Rights and Equality Commission Bill 2014: Committee Stage (6 May 2014)

Alan Shatter: As the Deputy says, the intention of the amendment is to delete the reference to "while respecting diversity and the freedom and dignity of each person" from the function of the commission at section 10(1)(e) which reads: "to work towards the elimination of human rights abuses, discrimination and prohibited conduct, while respecting diversity and the freedom and dignity of each person". I...

Select Committee on Justice, Defence and Equality: Irish Human Rights and Equality Commission Bill 2014: Committee Stage (6 May 2014)

Alan Shatter: As the Deputy says, the amendment seeks to extend the commission's amicus curiaefunction to include the Circuit Court, District Court, Labour Court and the Equality Tribunal. This is unnecessary.The commission has the power to assist parties appearing before the Circuit or District Court, or the Labour Court, or the Equality Tribunal. The concept of amicus curiaerelates to the superior...

Select Committee on Justice, Defence and Equality: Irish Human Rights and Equality Commission Bill 2014: Committee Stage (6 May 2014)

Alan Shatter: The Bill does not need a definition of functions because such a definition is contained in the Interpretation Act 2005 which serves therefore for all individual Acts enacted since then. Prior to that year each individual Act which contained a reference to functions also contained a standard definition of functions. This was repetitive and therefore a decision was made to include this...

Select Committee on Justice, Defence and Equality: Irish Human Rights and Equality Commission Bill 2014: Committee Stage (6 May 2014)

Alan Shatter: The proposed amendments Nos. 2 and 7 relate to the definitions of human rights in the Bill, as the Deputy states. The definition in section 2 gives the Commission a mandate to promote human rights in the widest sense, not limited to Irish law, or to conventions that we have ratified or to any existing international convention. The Commission can seek to develop and promote new human rights...

Select Committee on Justice, Defence and Equality: Irish Human Rights and Equality Commission Bill 2014: Committee Stage (6 May 2014)

Alan Shatter: That is an example of where the human rights commission can play an advocacy role. The human rights commission cannot override the Constitution by effectively legislating for something that the Houses of the Oireachtas have not legislated for. An international convention may give voice to or detail what are perceived to be new human rights that states are not obliged to sign up. It would...

Written Answers — Department of Justice and Equality: Coroners Service (6 May 2014)

Alan Shatter: The arrangements made for the carrying out of post-mortems are a matter for the relevant coroner. In this context the Deputy will appreciate that a coroner is a statutory officer exercising quasi-judicial functions in relation to which he or she is independent and neither I nor my Department has any role in the coronial process in particular cases. The costs associated with the provision of...

Written Answers — Department of Justice and Equality: Joint Policing Committees Remit (6 May 2014)

Alan Shatter: As the Deputy will be aware, I initiated a review of the operation of Joint Policing Committees in the context of the commitment in the Programme for Government to build on existing community policing partnerships. My Department, together with the Garda authorities and the Department of the Environment, Community and Local Government has examined the feedback obtained during the review...

Written Answers — Department of Justice and Equality: Deportation Orders Re-examination (6 May 2014)

Alan Shatter: I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that following a comprehensive and thorough examination of the asylum claim and application for subsidiary protection, and a detailed examination of the representations he submitted for consideration under Section 3 of the Immigration Act 1999 (as amended), a Deportation Order was signed on 29 July 2011...

Written Answers — Department of Justice and Equality: Naturalisation Applications (6 May 2014)

Alan Shatter: I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a valid application for a certificate of naturalisation has been received from the person referred to by the Deputy. As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the...

Written Answers — Department of Justice and Equality: Criminal Prosecutions Issues (6 May 2014)

Alan Shatter: As the Deputy will be aware responsibility for the bringing of prosecutions is a matter for the Director of Public Prosecutions (DPP). I am sure the Deputy will appreciate that the DPP is entirely independent in carrying out her functions as provided in the Prosecution of Offences Act 1974. As Minister for Justice and Equality, I have no role with respect to reviewing the decision to...

Written Answers — Department of Justice and Equality: Naturalisation Applications (6 May 2014)

Alan Shatter: I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that this application is being processed with a view to establishing whether the applicant meets the statutory conditions for the granting of naturalisation, such as good character and lawful residence, and will be submitted to me for decision as expeditiously as possible. It is recognised that all...

Written Answers — Department of Justice and Equality: Garda Equipment (6 May 2014)

Alan Shatter: The provision and allocation of Garda resources and equipment is a matter for the Garda Commissioner in the light of An Garda Síochána's identified policing priorities and the availability of resources. The detailed allocation of resources at Divisional level is a matter for the Divisional officer who may allocate resources between Garda stations as required by operational...

Written Answers — Department of Justice and Equality: Legal Aid Data (6 May 2014)

Alan Shatter: As the Deputy may be aware the provision of legal aid falls within two separate categories, i.e. criminal legal aid and civil legal aid. Details in respect of each category are as follows: Criminal Legal Aid Total expenditure on Criminal Legal Aid for 2012 came to €50.5 million, a reduction of 10% over 2011 (€56.1million). This reduction in the annual expenditure is the...

Written Answers — Department of Justice and Equality: Road Traffic Accidents Data (6 May 2014)

Alan Shatter: I am informed by the Garda authorities that between 1 January, 2013 and 31 December, 2013, there were 249 drivers recorded as being involved in a fatal collision and 424 in a serious injury collision. The following table illustrates the number of drivers who provided a preliminary breath sample at the scene of a fatal or serious injury collision during that period. - Fatal Collision...

Written Answers — Department of Justice and Equality: Penalty Points System (6 May 2014)

Alan Shatter: As indicated in my response to Question 186 of 7 March 2012 the primary purpose of section 63 of the Road Traffic Act 2010 is to ensure that the driving licence number of individual offenders is recorded to enable the application of appropriate penalty points to the licence on conviction by the court. I am informed that where an accused is brought before a Court in relation to a penalty...

Written Answers — Department of Justice and Equality: Garda Operations (6 May 2014)

Alan Shatter: I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.

Written Answers — Department of Justice and Equality: Garda Transport Provision (6 May 2014)

Alan Shatter: The provision and allocation of Garda transport is a matter for the Garda Commissioner in the context of An Garda Síochána's identified operational requirements and the availability of resources. Responsibility for the efficient deployment of official Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations, as required by...

Written Answers — Department of Justice and Equality: Garda Reports (6 May 2014)

Alan Shatter: I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.

Written Answers — Department of Justice and Equality: Penal Policy Review Group Remit (6 May 2014)

Alan Shatter: I set out the position in my reply to Parliamentary Question No. 140 on Thursday 14th November, 2013. When I have considered the recommendations of the group carrying out a strategic review of penal policy, I will bring proposals forward to Government for a statutory Parole Board and will bear in mind the Deputy's suggestion on victim representation in that context. I now expect that group...

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