Written answers
Wednesday, 14 December 2011
Department of Justice, Equality and Defence
Criminal Law Reform
10:00 pm
Jonathan O'Brien (Cork North Central, Sinn Fein)
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Question 207: To ask the Minister for Justice and Equality the number of persons employed by the Criminal Law Reform Division; and if he will provide details of their current work programme. [40147/11]
Alan Shatter (Dublin South, Fine Gael)
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The Criminal Law Reform Division comprises 20 staff consisting of 1 Assistant Secretary General, 6 Principal Officers, 9 Assistant Principal Officers, 1 Administrative Officer, 1 Higher Executive Officer and 2 Clerical Officers.
The primary focus of the Division is the completion to the greatest extent possible of the programme of criminal law reform contained in the Government's legislative programme. A table detailing the criminal law items in the current legislative work programme is set out below for the Deputy's information.
In addition to the production of primary legislation and any resulting secondary legislation necessary, the Division contributes to policy development at EU and other international fora. Criminal Law Reform Division has responsibility for a range of EU and international commitments and the work of the Division includes giving effect to legislative requirements arising within that context. The programme of work also provides for the transposition of EU legislative instruments under the Area of Freedom and Security and the conclusion of a range of bilateral/multilateral mutual assistance and extradition agreements.
The Division keeps the criminal law under continuous review as a matter of course, taking into consideration contributions from a range of relevant stakeholders such as the Attorney General's Office, the Director of Public Prosecutions and in particular, the Consultation Papers and Reports produced by the Law Reform Commission. Bills on Dáil and Seanad Order Paper
| Title | Present Status |
| Criminal Law (Defence and the Dwelling) Bill 2010 | Presented to Dáil on 19 July 2010 and completed all stages in the Seanad on 9 December 2011. Awaiting President's signature. |
| European Arrest Warrant (Extension) and Extradition (Amendment) Bill 2011 | Presented to Dáil on 10 August 2011. Awaiting Second Stage. |
SECTION A: Bills expected to be published during the Autumn Session
| Title | Purpose |
| Criminal Justice (Withholding Information on Crimes against Children and Vulnerable Adults) Bill | To create a criminal offence of withholding information relating to the commission of a serious offence, including a sexual offence, against a person under 18 years or an intellectually disabled person. |
| National Vetting Bureau Bill | To establish the National Vetting Bureau and to provide for vetting of applicants for certain employment and to provide for related matters. |
SECTION B: Bills in respect of which Heads have been agreed and texts are being drafted
| Title | Purpose |
| Europol Bill | To give effect to Council Decision 2009/371/JHA establishing Europol and to repeal and replace the Europol Act 1997 and the Europol (Amendment) Act 2006. |
| Spent Convictions Bill | To provide that in the case of convicted persons whose sentence is below a specific threshold, they may, under certain circumstances, withhold details of the conviction. |
| Criminal Justice (Mutual Assistance) (Amendment) Bill | To give effect to a number of EU Framework Decisions. |
| Criminal Justice (Forensic Evidence and DNA Database System) Bill | To provide for the establishment of a DNA database and related matters. |
| Criminal Justice (Miscellaneous Provisions) Bill | To provide for a range of amendments to earlier legislation. |
| Criminal Justice (Cybercrime) Bill | To enable ratification of the Council of Europe Convention on Cybercrime and transposition of the EU Framework Decision on attacks against Information Systems. |
SECTION C: Bills in respect of which Heads have yet to be approved by Government.
| Title | Purpose |
| Inspection of Places of Detention Bill | To give legislative effect to the Optional Protocol to the Convention Against Torture, and other Cruel, Inhuman or Degrading Treatment or Punishment, strengthen Prisons Inspectorate, put Council of Europe inspection regime on a statutory footing and address matters relating to Prison Visiting Committees. |
| Criminal Law (Sexual Offences) Bill | To implement recommendations in the Joint Oireachtas Committee Second Interim Report on the Constitutional Amendment on Children and protect vulnerable persons against sexual exploitation and abuse. |
| Probation Service Bill | To provide a modern statement of the law governing the role and use of the Probation Services in the Criminal Justice System and to give effect to the EU Framework Decision (2008/947/JHA). |
| Bail Bill | To consolidate and amend the bail laws. |
| Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill | To provide for amendments to the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. |
| Criminal Records Information System Bill | To provide for the exchange of criminal records information with other EU member states and other designated states. |
| Criminal Justice Corruption (Consolidation) Bill | To consolidate all of the legislation currently cited as the Prevention of Corruption Acts 1889 - 2010 in a single statute. |
| Criminal Justice (Fines) (Amendment) Bill | To provide for attachment of earnings and social welfare payments as an alternative to imprisonment for people who refuse to pay fines. |
| Criminal Justice (Proceeds of Crime) Bill | To strengthen the powers of CAB in relation to forfeiting the proceeds of crime. |
| Official Secrets Act (Amendment) Bill | To amend the Official Secrets Act to reflect the Programme for Government commitments. |
| Criminal Justice (Victims Rights) Bill | To strengthen the rights of victims of crime and their families and to give effect to a proposed EU Directive. |
| Criminal Procedure Bill | To provide for the reform of pre-trial processes. |
| Criminal Law (Human Trafficking) (Amendment) Bill | To implement EU Trafficking Directive. Transposition deadline is 6 April, 2013. |
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