Written answers

Tuesday, 23 June 2015

Department of Justice and Equality

Proposed Legislation

Photo of Gabrielle McFaddenGabrielle McFadden (Longford-Westmeath, Fine Gael)
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349. To ask the Minister for Justice and Equality if she will provide an update on the legislative progress of the scheme of Mental Capacity Bill 2008; and if she will make a statement on the matter. [24913/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Assisted Decision-Making (Capacity) Bill 2013, based on the General Scheme of the Mental Capacity Bill 2008, passed Dail Committee Stage on 17 June 2015. Preparations are currently being made to bring the Bill to the Dail for Report Stage, with a view to enactment later this year.

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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350. To ask the Minister for Justice and Equality the current status of the report of the Moriarty tribunal; the actions her Department is taking further to the findings of this Report; and if she will make a statement on the matter. [24502/15]

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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351. To ask the Minister for Justice and Equality the actions her Department has taken, following the publication of the report of the Moriarty tribunal, to prevent the malpractices outlined from occurring again; and if she will make a statement on the matter. [24503/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 350 and 351 together.

As the Deputy will be aware, the report of the Moriarty Tribunal made a number of recommendations which related to the responsibilities of different Government Departments. In this regard I understand that there have been relevant developments in the fields of financial regulation, company law, and electoral law. As Minister for Justice and Equality, I can only respond in relation to the recommendations which refer to my own Department's responsibilities.

In this regard, the Tribunals Bill is under review in my Department. I can assure the Deputy that this work has entailed detailed consideration being given within my Department to the full suite of recommendations made by the Moriarty Tribunal in its Report of March 2011 and the Mahon Report in March 2012, to the relevant judgments delivered by the Supreme Court in July 2011 and October 2012, and to the developing experience regarding the operation of Commissions of Investigation. The review will be completed as soon as possible, but is dependent on other legislative priorities. Accordingly, the likely time frame cannot be indicated with any certainty at this point.

In addition, I am informed by the Garda authorities that, following the examination by An Garda Síochána of the report of the Moriarty Tribunal, the advice of the Director of Public Prosecutions was sought with a view to determining whether or not a full Garda investigation should be commenced. As this process is ongoing it would not be appropriate for me to comment in further detail at this time.

I have sought a further update on this matter and will correspond further with the Deputy when this is received.

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