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APPENDIX IISecretary, Department of Justice. I am directed by the Chairman of the Joint Committee, Mr. Mervyn Taylor, T.D., to refer to the Criminal Justice (Community Service) Regulations, 1984 (S.I. No. 325 of 1984). I am to ask you to furnish for the information of the Joint Committee a memorandum explaining (1)if it is intended that a “body of persons” comprehended by Article 4 (a) of the Regulations is to be treated as synonymous with or including a “group of individuals in need” comprehended by Article 4 (b) and (b)if so, whether any individual in need covered by Article 4 (b) is intended to be relieved of the insurance obligations imposed by Article 4 (a) and in that event whether the State is accepting responsibility in respect of injury, loss or damage caused to or by an offender performing work for such individual under a community service order. T. DWAN. Clerk to Joint Committee. 25th April, 1985. T. Dwan, Esq., Clerk to the Joint Committee on Legislation, Leinster House, Dublin 2. I am directed by the Minister for Justice to refer to your minute of 25 April, 1985 regarding the operation of Articles 4 (a) and 4 (b) of the Criminal Justice (Community Service) Regulations, 1984 (S.I. No. 325 of 1984) and to reply to your questions as follows:- (1)No; articles 4 (a) and 4 (b) deal with two entirely different matters. 4 (a) deals with the necessity for a body of persons (usually an organisation or association) to be adequately insured, 4 (b) deals with ensuring that work carried out under the scheme is of benefit to the community generally or to an individual or individuals in need as distinct from being a commercial benefit. (2)Yes; if work under the scheme is carried out for the benefit of an individual in need where no organisation is involved it is intended that the State will carry the risk in the usual way. D.A. Tyndall, 13 Meitheamh, 1985. |
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