Pat Rabbitte (Dublin South West, Labour)
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Question 475: To ask the Minister for Justice, Equality and Law Reform the progress made in regard to the commitment given in the Programme for Government to expand Garda powers to issue stay away orders where there is harassment in public places, at a person's home or witness intimidation. [19301/08]

Dermot Ahern (Louth, Fianna Fail)
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The Programme for Government represents a comprehensive approach to the important issues facing the Government and the country. This Programme is, of course, a Programme for the life of this Government. As a consequence progress across the range of issues will reflect a sustained level of commitment to achieving the full implementation of the Programme. The question of expanding Garda powers to issue stay away orders will be addressed as part of the overall response by my Department to crime generally.

Pat Rabbitte (Dublin South West, Labour)
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Question 476: To ask the Minister for Justice, Equality and Law Reform the progress made in regard to the commitment given in the Programme for Government to legislate to allow gardaí to issue restriction orders which would be used in emergency situations to restrict named persons from travelling to or from certain places for defined periods of time. [19302/08]

Dermot Ahern (Louth, Fianna Fail)
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Consideration of the commitment in the Programme for Government 2007-2012 to legislate to allow Gardaí to issue restriction orders which would be used in emergency situations to restrict named persons from travelling to or from certain places for defined periods of time is at an early stage.

Existing 'restriction on movement'- type powers under Irish law largely arise in either the context of decisions to grant bail subject to certain conditions or at sentencing. In the latter case examples include exclusion orders under the Criminal Justice (Public Order) Act 2003, the mandatory notification requirements imposed under the Sexual Offenders Act 2001 on persons convicted of sexual offences and the post-release supervision orders provided for in section 26 of the Criminal Justice Act 2007. Going beyond what is permitted by existing statutory provisions will give rise to consideration of highly sensitive issues, including ones of constitutional importance and will require careful scrutiny. In this regard I have, for example, the constitutional right to travel within and outside the State in mind. The examination of the commitment will take account of issues such as that. The examination is expected to take some time to complete.