Committee Reports::Annual Report of the Joint Committee on Justice, Equality, Defence and Women's Rights, 1998::28 January, 1999::Report

DÁIL ÉIREANN

TUARASCÁIL

ón gComhchoiste um Dhlí agus Ceart, Comhionnanas agus Cearta na mBan don tréimhse dar críoch 31 Nollaig, 1998

REPORT

of the Joint Committee on Justice, Equality and Women’s Rights for the period ending 31 December, 1998

REPORT


of the Joint Committee on Justice, Equality and Women’s Rights for the period ending 31 December, 1998


Table of Contents

Report

 

   Introduction

1

      Establishment of Joint Committee and appointment of Members

1

      Sub-Committee on Legislation and Security

2

      Sub-Committee on Crime and Punishment

2

      Sub-Committee on Women’s Rights

2

   Meetings of the Joint Committee and Various Subordinate Bodies

3

   Orders of Reference of the Joint Committee

3

   Legislation Considered

4

      Bills referred to the Committee

4

   Estimates for Public Services considered

4

   Other Matters Considered in Public Session

5

      Refugees and Asylum Seekers

5

      Law Reform Commission Report on Privacy: Surveillance and the Interception of Communications

6

      Strategy Statements of the Department of Defence and the Defence Forces, 1998-2000

6

      Strategy Statements of the Department of Justice, Equality and Law Reform, 1998-2000

7

   Reports made

7

   Travel undertaken by members

7

   Work programme for 1999

8

   Procedure and role of the Committee

8

   Appendices

 

      Appendix 1: Orders of Reference of the Joint Committee

13

      Appendix 2: Orders of Reference of the Sub-Committee on Legislation and Security

17

      Appendix 3: Orders of Reference of the Sub-Committee on Crime and Punishment

19

      Appendix 4: Orders of Reference of the Sub-Committee on Women’s Rights

21

      Appendix 5: Members’ Attendance

23

      Appendix 6: Substitutes’ Attendance

27

      Appendix 7: Work Programme for 1999

29

Report

Introduction

1.Paragraphs (3) to (6) of Standing Order 79Aof the Standing Orders relative to Public Business of Dáil Éireann and Standing Order 63 of the Standing Orders relative to Public business of Seanad Éireann require that the Joint Committee report from time to time in relation to


a review of the procedure and role of the Committee


its annual work programme


the laying minutes of proceedings and


making an annual report


2.This report, covering the period 13 November, 1997 to 31 December, 1998, is made in discharge of those requirements.


Establishment of Joint Committee and appointment of Members

3.The Joint Committee on Justice, Equality and Women’s Rights was appointed by order of Dáil Éireann of 13 November, 1997, and by order of Seanad Éireann of 19 November, 1997. The Orders of Reference were modified by order of Dáil Éireann of 28th April, 1998 and by order of Seanad Éireann of 30th April, 19981.


4.The Orders of Reference of the Joint Committee, as so modified, are set out at Appendix 1 to this Report.


5.The following members of Dáil Éireann were appointed to serve on the Joint Committee by order of Dáil Éireann of 20 November, 1997:


Deputies Theresa Ahearn, Seán Ardagh, Monica Barnes, Beverley Cooper-Flynn, Frances Fitzgerald, Charles Flanagan, Mary Hanafin, Jim Higgins, John McGuinness, Liz McManus, Noel O’Flynn, Eoin Ryan, Pat Upton and G.V. Wright.


6.The following members of Seanad Éireann were appointed to serve on the Joint Committee pursuant to a report of the Seanad Committee of Selection made on 26th November, 1998:


Senators Eddie Bohan, John Connor, Tony Kitt, Denis O’Donovan and Kathleen O’Meara.


7.The first meeting of the Joint Committee was held on 4 December, 1997. Deputy Eoin Ryan was elected Chairman and Deputy Monica Barnes Vice-Chairman.


Sub-Committee on Legislation and Security

8.A sub-Committee on Legislation and Security was established by order of the Joint Committee of 21 January, 1998, the following members being appointed to serve thereon:


Deputies Seán Ardagh, Charles Flanagan, Noel O’Flynn, G.V. Wright, Frances Fitzgerald, Senators Eddie Bohan, John Connor Kathleen O’Meara2


Deputy Charles Flanagan was appointed Chairman of the Sub-Committee at its first meeting held on 12 February, 1998.


9.The Sub-Committee met on 12 occasions and was dissolved by order of the Joint Committee of 1 July, 1998, viz.:—


That _


the Joint Committee commends the Subcommittee on Legislation and Security for its work in relation to the review of liquor licencing laws and notes that the Subcommittee does not propose to select other unfinished work of the former Select Committee on Legislation and Security for consideration;


having regard to its work programme for 1998 and the appointment of a subcommittee on Women’s Rights, the Joint Committee does not propose to refer further matters to the Subcommittee on Legislation and Security;


and that the Subcommittee on Legislation and Security is accordingly hereby discharged.


Sub-Committee on Crime and Punishment

10.A Sub-Committee on Crime and Punishment was established by order of the Joint Committee of 21January, 1998, the following members being appointed to serve thereon:


Deputies Bevereley Cooper-Flynn, Mary Hanafin, Jim Higgins, John J. McGuinness, Liz McManus and Pat Upton and Senators Eddie Bohan, John Connor and Tony Kett.


11.Deputy Jim Higgins was appointed Chairman of the Sub-Committee at its first meeting held on 19 February, 1998.


Sub-Committee on Women’s Rights

12.A Sub-Committee on Women’s Rights was established by order of the Joint Committee of 1 July, 1998, the following members being appointed to serve thereon:


Deputies Seán Ardagh, Monica Barnes, Beverley Cooper-Flynn, Frances Fitzgerald, Mary Hanafin, Liz McManus and Eoin Ryan and Senators Eddie Bohan and Kathleen O’Meara.


13.Deputy Monica Barnes was appointed Chairman of the Sub-Committee at its first meeting held on 30 July, 1998.


Meetings of the Joint Committee and Various Subordinate Bodies

14.The Joint Committee and subordinate bodies met on 51 occasions during the period under review. Numbers of meetings of each are as follows:


Body

Number of meetings

Joint Committee

15

Select Committee appointed by Dáil Éireann (meeting in connection with Bills and Estimates)

16

Sub-Committee on Legislation and Security

12

Sub-Committee on Crime and Punishment

10

Sub-Committee on Women’s Rights

4

Total

51

Orders of Reference of the Joint Committee

15.Paragraph (1) of the orders of reference of the Joint Committee was amended by order of Dáil Éireann of 28 April, 1998, and by order of Seanad Éireann of 30 April, 1998 so as to permit it to consider


“such Annual Reports or Annual Reports and Accounts, required by law and laid before either or both Houses of the Oireachtas, of bodies under the aegis of the Department(s) specified in paragraph 2(a)(i), and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select.


Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993.


Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body or by the Minister in charge of that Department”.


16.The following are the principal bodies brought within the Joint Committee’s remit as as result of the amendment:


The Criminal Assets Bureau


The Data Protection Commissioner


The Employment Equality Agency


The Garda Síochána Complaints Board


The Legal Aid Board


17.The Joint Committee did not have occasion to examine the Annual Reports, Accounts, overall operational results, statements of strategy or corporate plans of any of the above-mentioned bodies during the period under review.


Legislation Considered

Bills referred to the Committee

18.Third Stage of the following Bills were considered by the Select Committee during the period under review:


Arbitration (International Commercial) Bill, 1997


Child Trafficking and Pornography Bill, 1997


Criminal Justice (No. 2) Bill 1997 (Seanad)


Courts Service (No. 2) Bill, 1997


Employment Equality Bill, 1997


International War Crimes Tribunals Bill, 1998


Jurisdiction of Courts and Enforcement of Judgements Bill, 1998 [Seanad]


Parental Leave Bill, 1998


Tribunals of Inquiry (Evidence) (Amendment) Bill, 1998


19.The Children Bill, 1996, was awaiting consideration by the Select Committee as of 31 December, 1998.


Estimates for Public Services considered

20.In the course of the period under review, the Select Committee considered and reported to the Dáil on grants for public services for the Department of Justice, Equality and Law Reform and related services and the Department of Defence and the Defence Forces totalling £1,454,257,000. The particular services to which this sum relates are as follows:


Estimates for Public Services for the year ending 31 December, 1997 considered:

 

 

£000s

Vote 36 (Defence): Supplementary Estimate

£ 12,900

Estimates for Public Services for the year ending 31 December, 1998, considered:

 

Vote 19 (Office of the Minister for Justice, Equality and Law Reform)

 

 Revised Estimate

£58,539

 Supplementary Etimate

£2,570

Vote 20 (Garda Síochána)

 

 Revised Estimate

£492,521

 Supplementary Estimate

£80,980

Vote 21 (Prisons)

 

 Revised Estimate

£182,262

Supplementary Estimate

£8,000

Vote 22 (Courts) (Revised Estimate)

£40,759

Vote 23 (Land Registry and Registry of Deeds) (Revised Estimate)

£16,998

Vote 24 (Charitable Donations and Bequests)

£225

Vote 36 (Defence) (Revised Estimate)

£476,118

Vote 37 (Army Pensions) (Revised Estimate)

£82,385

Total

£ 1,454,257

 


Other Matters Considered in Public Session

21.The Joint Committee heard evidence in public on a number of issues in the course of the period under review., viz.:


Refugees and Asylum Seekers

22.The following addressed or gave oral evidence to the Committee in this connection:


17th December, 19973


Bishop John Kirby, Bishop of Clonfert (Chairman of Trocaire),


Bishop Laurence Ryan, Bishop of Kildare and Leighlin (President, Irish Commission for Justice and Peace),


Jerome Connolly (Executive Secretary, Irish Commission for Justice and Peace),


Maura Leen (Policy Advisor, Trocaire) and Mary Sutton (Head of Communications and Education, Trocaire).


4th February, 1998:


Mr. John O’Neill, Director of The Irish Refugee Agency


Ms. Mary Lawlor, Director of Amnesty International


Ms. Noeline Blackwell, Legal Advisor, Irish Section, Amnesty International.


1st December, 1998:


Mr. Denis McNamara, Director of the International Protection Division of the United Nations High Commissioner for Refugees


Mr. Ann-Willem Bijleveld, Director of the Commissioner’s European Bureau.


Law Reform Commission Report on Privacy: Surveillance and the Interception of Communications (8 October and 19 November, 1998)


23.The following addressed or gave oral evidence to the Committee in this connection:


8th October, 1998:


Mr. Arthur Plunkett, Barrister-at-Law and permanent member of the Law Reform Commission,


Dr. Gerard Quinn, the Commission’s Research Counsellor


Ms. Lia Hegarty, Senior Researcher at the Commission


19 November, 1998:


Mr. Michael Fisher, Cathaoirleach of the Irish Executive Council of the National Union of Journalists (NUJ),


Mr. Eoin Ronayne, Irish secretary of the NUJ,


Mr. Seamus Dooley, Irish Organiser of the NUJ


Ms. Catherine Heaney, Member of the National Executive of the NUJ.


Strategy Statements of the Department of Defence and the Defence Forces, 1998-2000 (17 November, 1998)

24.The following addressed or gave oral evidence to the Committee in this connection:


Mr. David O’Callaghan, Secretary General of the Department,


Mr. Michael Howard, Assistant Secretary with responsibility for Defence Forces matters,


Mr. Séamus Jackson, Principal Officer, Management Services Branch.


Strategy Statements of the Department of Justice, Equality and Law Reform, 1998-2000 (19 November, 1998)

25.The following addressed or gave oral evidence to the Committee in this connection:


Mr. Tim Dalton, Secretary General of the Department of Justice Equality and Law Reform;


Mr. Bernard McDonagh, Second Secretary with particular responsibility for equality matters;


Mr. Caoimhín Ó hUiginn, Assistant Secretary, Law Division;


Mr. Richard Ryan, Principal Officer, Organisation Development Unit; and


Ms. Berenice O’Neill, Principal Officer, Asylum Policy.


26.The Joint Committee is to resume its consideration of the Strategy Statements in 1999.


Reports made

27.A sub-Committee of the Select Committee on Legislation and Security had been undertaking a review of liquor licensing prior to the dissolution of the 27th Dáil. In this connection, it had received submissions from interested parties and taken oral evidence from a number of groups.


28.The Sub-Committee on Legislation and Security was appointed, inter alia, to continue this review and made a report in the matter (Pn. 5815) in June, 1998.


Travel undertaken by members

29.Deputies Charles Flanagan, Sean Ardagh, G.V. Wright and Senator Eddie Bohan attended a seminar on liquor licensing organised by Dublin Institute of Technology on 24 April, 1998 in connection with the review of liquor licensing legislation then being undertaken by the Sub-Committee on Legislation and Security.


30.Deputy Monica Barnes attended meetings of the Conference of Parliamentary Committees Responsible for Women and Men in the Member States of the European Union and in the European Parliament in Lisbon on 16&17 April and 29&30 October.


31.Deputies Monica Barnes, Mary Hanafin and Celia Keaveney visited Iran from 10 to 15 June as a follow-up to a meeting between Irish and Iranian women parliamentarians in Dublin.


32.Deputies Monica Barnes and Frances Fitzgerald attended a Vital Voices Conference held in Belfast from 31 August to 3 September.


33.Deputies Eoin Ryan, Charie Flanagan and Beverley Cooper-Flynn attended a Western European Union colloquy on on Peace-keeping and Security in Africa in Lisbon on 15 and 16 September.


34.Deputy Seán Ardagh attended a Seminar on Human Rights Problems in the EU after the Treaty of Amsterdam held in Stockholm on 24 and 25 September.


35.Deputy Eoin Ryan attended an internet Business Conference in the RDS on 20 October.


36.Senator John Connor attended an interparliamentary conference on the protection of EU citizens’ financial interests held in Brussels on 9 and 10 November, 1998.


Work programme for 1999

37.The Joint Committee adopted a work programme for 1998 as set out in Appendix 7 at a meeting held on 28th January, 1999.


Procedure and role of the Committee

38.The Joint Committee participates in a conference of parliamentary Committees responsible for equal opportunities for women and men in the Member States of the European Union and in the European Parliament (CCEO). Funding for the Conference, which was established on 23 May, 1997, is provided for within the framework of the Fourth Community action programme for equal opportunities for women and men (1996-2000).


39.At its most recent meeting, the conference passed a resolution which included the following:


“CCEO demands that all national parliaments in the EU install independent Committees for women’s rights and equal opportunities and that the European Parliament maintains the Women’s Rights Committee with full competence for equal opportunities until an equal participation of men and women in political decision making is reached.”


40.The resolution was a reaction to moves to “mainstream” women’s issues (i.e. distribute - or disperse - such issues amongst committees with relevant competence) within the European Parliament and elsewhere.


41.The Joint Committee has considered the relevance of the resolution in an Irish context. In this regard it notes that, in the last Dáil, there was an element of “mainstreaming” in that the orders of reference of legislative committees included a requirement that they consider “the impact on equality of policy and legislation” within the areas covered by their remit but that there was also also a separate Committee on Women’s Rights. These arrangements clearly had the potential to deliver the benefits claimed by advocates of mainstreaming while at the same time ensuring, by virtue of the existence of a separate committee on women’s rights, that there was a clear focus on equality issues.


42.The current Joint Committee has attempted to provide a focus for women’s issues by establishing a sub-committee on women’s rights. However, that focus can only become meaningful if the resources made available to the sub-committee are sufficient and this is clearly not the case. The financial and staff resources available to the Joint Committee compare unfavourably with the aggregate resources available to former committees with the same remit and the sub-committee has available to it only a portion of these.


43.This should be viewed in the context of the pressing need for ongoing formal parliamentary involvement in such areas as


(i)monitoring the implementation of the recommendations of the Second Commission on the Status of Women


(ii)monitoring the implementation of the 4th Medium Term Community Action Programme on Equal Opportunities for Men and Women


(iii)the formulation of a 5th Medium Term Community Action Programme


44.The Joint Committee therefore recommends that a Committee on Women’s Rights be established and that its own orders of reference be amended accordingly.


28th January, 1999


(Signed) Eoin Ryan,


Chairman


REPORT of the Joint Committee on Justice, Equality and Women’s Rights for the period ending 31 December, 1998

Appendices

Appendix 1: Orders of Reference of the Joint Committee

Order of Dáil Éireann of 13 November, 1997, as amended by an order of Dáil Éireann of 28 April, 1998:—


(1) (a)That a Select Committee, which shall be called the Select Committee on Justice, Equality and Women’s Rights, consisting of 14 members of Dáil Éireann (of whom 4 shall constitute a quorum), be appointed to consider such—


(i)Bills the statute law in respect of which is dealt with by the Department of Justice, Equality and Law Reform and the Department of Defence, and


(ii)Estimates for Public Services within the aegis of those Departments,


as shall be referred to it by Dáil Éireann from time to time.


(b)For the purpose of its consideration of Bills under paragraph (1)(a)(i), the Select Committee shall have the powers defined in Standing Order 78A(1), (2) and (3).


(c)For the avoidance of doubt, by virtue of their ex officio membership of the Select Committee in accordance with Standing Order 84(1), the Minister for Justice, Equality and Law Reform and the Minister for Defence (or a Minister or Minister of State nominated in their stead) shall be entitled to vote.


(2) (a)The Select Committee shall be joined with a Select Committee to be appointed by Seanad Éireann to form the Joint Committee on Justice, Equality and Women’s Rights to consider—


(i)such public affairs administered by the Department of Justice, Equality and Law Reform and the Department of Defence as it may select, including bodies under the aegis of those Departments in respect of Government policy,


(ii)such matters of policy for which the Ministers in charge of those Departments are officially responsible as it may select,


(iii)the strategy statement laid before each House of the Oireachtas by the Ministers in charge of those Departments pursuant to section 5(2) of the Public Service Management Act, 1997, and shall be authorised for the purposes of section 10 of that Act,


(iv)4such Annual Reports or Annual Reports and Accounts, required by law and laid before either or both Houses of the Oireachtas, of bodies under the aegis of the Department(s) specified in paragraph 2(a)(i), and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select.


Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993.


Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body or by the Minister in charge of that Department; and


(v)such matters relating to women’s rights generally, as it may select, and in this regard the Joint Committee shall be free to consider areas relating to any Government Department, and


(vi)such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas,


and shall report thereon to both Houses of the Oireachtas.


(b)The quorum of the Joint Committee shall be 5, of whom at least 1 shall be a member of Dáil Éireann and 1 a member of Seanad Éireann.


(c)The Joint Committee shall have the powers defined in Standing Order 78A(1) to (9) inclusive.


(3)The Chairman of the Joint Committee, who shall be a member of Dáil Éireann, shall also be Chairman of the Select Committee.


Order of Seanad Éireann of 19 November, 1997, as amended by an order of Seanad Éireann of 30 April, 1998:—


(1) (a)That a Select Committee consisting of 5 members of Seanad Éireann shall be appointed to be joined with a Select Committee of Dáil Éireann to form the Joint Committee on Justice, Equality and Women’s Rights to consider—


(i)such public affairs administered by the Department of Justice, Equality and Law-Reform and the Department of Defence as it may select, including bodies under the aegis of those Departments in respect of Government policy,


(ii)such matters of policy for which the Ministers in charge of those Departments are officially responsible as it may select,


(iii)the strategy statement laid before each House of the Oireachtas by the Ministers in charge of those Departments pursuant to section 5(2) of the Public Service Management Act, 1997, and shall be authorised for the purposes of section 10 of that Act,


(iv)5such Annual Reports or Annual Reports and Accounts, required by law and laid before either or both Houses of the Oireachtas, of bodies under the aegis of the Department(s) specified in paragraph 2(a)(i), and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select.


Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993.


Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body or by the Minister in charge of that Department; and


(v)such matters relating to women’s rights generally, as it may select, and in this regard the Joint Committee shall be free to consider areas relating to any Government Department, and


(vi)such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas,


and shall report thereon to both Houses of the Oireachtas,


(b)The quorum of the Joint Committee shall be 5, of whom at least 1 shall be a member of Dáil Éireann and 1 a member of Seanad Éireann.


(c)The Joint Committee shall have the powers defined in Standing Order 62A(1) to (9) inclusive.


(2)The Chairman of the Joint Committee shall be a member of Dáil Éireann.


Appendix 2: Orders of Reference of the Sub-Committee on Legislation and Security

Order of the Joint Committee of 21 January, 1998:—


That _


(a)a sub-Committee (to be called the sub-Committee on Legislation and Security) be established to consider the following unfinished work of the former Dáil Select Committee on Legislation and Security-


(i)review of liquor licencing laws


(ii)such other unfinished work of the former Dáil Select Committee as the sub-Committee may select, subject to the approval of the main Committee, given in accordance with subparagraph (f) below, and


(iii)such other unfinished work of the former Dáil Select Committee as the main Committee shall refer to the sub-Committee from time to time,


and report to the main Committee thereon.


(b)the sub-Committee shall consist of the following 7 Members (to be notified to the Clerk by the Convenors):


Senators: 1 Govt 1 Opposition


Deputies: 3 Govt 2 Opposition (to include Deputy Charles Flanagan);


(c)the quorum of the sub-Committee shall be three, one of whom shall be a Senator and two of whom shall be Deputies;


(d)in relation to the matters specifically referred to it in paragraph (a) above, the sub-Committee shall have only those functions of the main Committee which are set out in sub-paragraphs (2)(a)(i) and (ii) (Dáil) and in sub-paragraphs (1)(a)(i) and (ii) (Seanad) of the main Committee’s Orders of Reference;


(e)the sub-Committee shall have all the powers of the main Committee), namely, those contained in Standing Order 78A(1), (2) and (4) to (9) (Dáil) and in Standing Order 62A (1), (2) and (4) to (9) (Seanad): provided that the powers to print and publish evidence, to travel and to engage consultants shall, in each case, be subject to the approval of the main committee; and


(f)before commencing its work, the sub-Committee shall prepare a work programme (to include the setting of a date by which it intends to complete the work set out therein) which shall be brought before the main Committee for approval.


Appendix 3: Orders of Reference of the Sub-Committee on Crime and Punishment

Order of the Joint Committee of 21 January, 1998:—


That _


(a)a sub-Committee (to be called the sub-Committee on Crime and Punishment) be established to consider-


(i)research on the causes of crime,


(ii)effectiveness of the Courts,


(iii)a unified prosecution system,


(iv)the prisons building programme,


(v)alternatives to imprisonment, and


(vi)issues relating to the imprisonment of women,


and report to the main Committee thereon not later than the commencement of the summer recess in 1998;


(b)the sub-Committee shall consist of the following 9 Members (to be notified to the Clerk by the Convenors):


Senators: 1 Govt 1 Opposition


Deputies: 4 Govt 3 Opposition (to include Deputy Liz McManus);


(c)the quorum of the sub-Committee shall be three, one of whom shall be a Senator and two of whom shall be Deputies;


(d)in relation to the matters specifically referred to it in paragraph (a) above, the sub-Committee shall have only those functions of the main Committee which are set out in sub-paragraphs (2)(a)(i) and (ii) (Dáil) and in sub-paragraphs (1)(a)(i) and (ii) (Seanad) of the main Committee’s Orders of Reference6;


(e)the sub-Committee shall have all the powers of the main Committee), namely, those contained in Standing Order 78A(1), (2) and (4) to (9) (Dáil) and in Standing Order 62A (1), (2) and (4) to (9) (Seanad)7: provided that the powers to print and publish evidence, to travel and to engage consultants shall, in each case, be subject to the approval of the main committee; and


(f)before commencing its work, the sub-Committee shall prepare a work programme which shall be brought before the main Committee for approval.


Appendix 4: Orders of Reference of the Sub-Committee on Women’s Rights

Order of the Joint Committee of 1 July, 1998:—


That _


(a)a sub-Committee (to be called the sub-Committee on Women’s Rights) be established to consider such matters relating to women’s rights generally as it may, with the concurrence of the Joint Committee, select;


(b)the sub-Committee shall consist of 7 members of D_il _ireann and two members of Seanad _ireann, who shall be nominated to the Clerk to the Joint Committee by the convenors not later than one week in advance of the first meeting of the Sub-Committee: provided that members shall be nominated on the following basis so as to ensure that the Sub-Committee is impartially representative of each House of the Oireachtas:


Senators: 1 Government and 1 Opposition


Deputies: 4 Government and 3 Opposition;


(c)the quorum of the sub-Committee shall be three, one of whom shall be a member of Seanad _ireann and two of whom shall be members of D_il _ireann;


(d)the sub-Committee shall have all requisite powers of the Joint Committee, namely, those contained in Standing Order 78A(1), (2) and (4) to (9) (D_il) and in Standing Order 62A (1), (2) and (4) to (9) (Seanad)8: provided that the powers to print and publish evidence, to travel and to engage consultants shall, in each case, be subject to the approval of the main committee.


Appendix 5: Members’ Attendance

15 meetings of the Joint Committee were held to 31 December, 1998. The attendance record of individual members was as follows:


Members of Dáil Éireann

No. of meetings attended

Ahearn,Theresa

09

Ardagh, Seán

11

Barnes, Monica.

11

Cooper-Flynn, Beverley

9

Fitzgerald, Frances

9

Flanagan, Charles

11

Hanafin, Mary

9

Higgins, Jim

10

McGuinness, John

8

McManus, Liz

10

O’Flynn, Noel

8

Ryan, Eoin (Chairman)

14

Upton, Pat

5

Wright, G.V.

6

Members of Seanad Éireann

 

Bohan, Eddie

7

Connor, John

5

Kett,Tony

7

O’Donovan, Denis

8

O’Meara, Kathleen

6

16 meetings of the Dáil Select Committee were held to 31 December, 1998. The attendance record of individual members was as follows:


Member

No. of meetings attended

Ahearn,Theresa

01

Ardagh, Seán

10

Barnes, Monica (Vice-Chairman)

10

Cooper-Flynn, Beverley

12

Fitzgerald, Frances

5

Flanagan, Charles

6

Hanafin, Mary

11

Higgins, Jim

15

McGuinness, John

11

McManus, Liz

7

O’Flynn, Noel

11

Ryan, Eoin (Chairman)

15

Upton, Pat

8

Wright, G.V.

4

12 meetings of the Sub-Committee on Legislation and Security were held to 31 December, 1998. The attendance record of individual members was as follows:


Members of Dáil Éireann

No. of meetings attended

Ardagh, Seán

8

Connor, John

9

Flanagan, Charles

12

O’Flynn, Noel

10

Fitzgerald, Frances1

0

Wright, G.V.

11

Members of Seanad Éireann

 

Bohan, Eddie

11

Connor, John

9

O’Meara, Kathleen 10

3

10 meetings of the Sub-Committee on Crime and Punishment were held to 31 December, 1998. The attendance record of individual members was as follows:


Members of Dáil Éireann

No. of meetings attended

Cooper-Flynn, Beverley

5

Hanafin, Mary

9

Higgins, Jim

10

McGuinness, John J.

5

McManus, Liz

4

Upton, Pat

3

Members of Seanad Éireann

 

Bohan, Eddie

0

Connor, John

4

4 meetings of the Sub-Committee on Women’s Rights were held to 31 December, 1998. The attendance record of individual members was as follows:


Members of Dáil Éireann

No. of meetings attended

Ardagh, Seán

3

Barnes, Monica

4

Cooper-Flynn, Bevereley

2

Fitzgerald, Frances

1

Hanafin, Mary

1

McManus, Liz

3

Ryan, Eoin

2

Members of Seanad Éireann

 

Bohan, Eddie

0

O’Meara, Kathleen

3

Appendix 6: Substitutes’ Attendance

Standing Order 84(2) of the Standing Orders of Dáil Éireann relative to Public Business provides that “in the absence of a member appointed to serve on a Select or Special Committee, a member of the Dáil nominated by the Party to which the absent member belongs may take part in proceedings and vote in his or her stead ”


Standing Order 66 of the Standing Orders of Seanad Éireann relative to Public Business contains similar provision.


The following members attended meetings as substitutes during the period under review:


Members of Dáil Éireann

Member (and total no. of meetings attended)

Joint

Select

Sub-Committees

 

 

 

 

 

Legislation and Security

Crime and Punishment

Women’s Rights

Bell, Michael (1)

 

1

 

 

 

Belton, Louis J. (1)

 

1

 

 

 

Boylan, Andrew (2)

 

2

 

 

 

Bradford, Paul (1)

 

1

 

 

 

Brady, Martin (1)

 

1

 

 

 

Carey, Pat (1)

 

1

 

 

 

Currie, Austin (1)

 

1

 

 

 

Doherty, Seán (1)

 

1

 

 

 

Dukes, Alan M. (1)

 

1

 

 

 

Ellis, John (1)

 

1

 

 

 

Foley, Denis (2)

 

 

 

2

 

Gilmore, Éamon (2)

 

2

 

 

 

McCormack, Pádraic (1)

 

1

 

 

 

McGennis, Marian (1)

 

1

 

 

 

McGinley, Dinny (1)

 

1

 

 

 

Neville, Dan (1)

 

1

 

 

 

O’Sullivan, Jan (3)

 

3

 

 

 

Power, Seán (1)

 

1

 

 

 

Timmins, Billy (1)

1

 

 

 

 

Wall, Jack (1)

 

1

 

 

 

Appendix 6: Substitutes’ Attendance (contd.)


Members of Seanad Éireann

Member (and total no. of meetings attended)

Joint Cttee.

 

Sub-Committees

 

 

 

 

 

Legislation and Security

Crime and Punishment

Women’s Rights

Burke, Paddy (1)

1

 

 

 

 

Cassidy, Donie (1)

 

 

 

1

 

Cox, Margaret (2)

2

 

 

 

 

Farrell, Willie (1)

1

 

 

 

 

Fitzgerald, Tom (1)

1

 

 

 

 

Kiely, Dan (1)

 

 

 

1

 

McDonagh, Jarlath (2)

 

 

 

1

1

O’Donovan, Denis (1)

 

 

 

 

1

Ormonde, Ann (2)

2

 

 

 

 

Taylor-Quinn, Madeleine (1)

1

 

 

 

 

Appendix 7: Work Programme for 1999

Legislation

Bills promised or already introduced which have been or are likely to be referred to the Select Committee on Justice, Equality and Women’s Rights


Bills currently referred to the Select Committee:


1.Children Bill, 1996


Bills awaiting a second reading in the Dáil:


2.National Disability Authority Bill, 1998 [Seanad]


3.Protection of Children (Hague Convention) Bill, 1998 (presented 9 October, 1998)


4.Solicitors (Amendment) Bill, 1998 [Seanad]


Bills likely to be published before the Easter recess:


Immigration legislation


5.Bill to provide powers, principles and procedures in relation to certain immigrant matters.


6.Bill to criminalise trafficking in illegal immigrants


Equal Status Legislation


7.Bill to prohibit discrimination in education, in the provision of goods, facilities and services and in the disposal of accommodation or other premises.


Human Rights


8.Bill to establish a Human Rights Commission in the State in line with commitments in the Multi-Party Agreement


Nationality and Citizenship


9.Bill to amend the Irish Nationality and Citizenship Acts 1956 to 1994 in the context of the Agreement reached in the Multi-Party talks and to provide for related matters.


Other Bills likely to be published in 1999

10.Bill to transpose the EU Directive on Data Protection into domestic law.


11.Bill to amend the Proceeds of Crime Act, 1996, following review of its operation.


12.Bill to amend the law in relation to fraud offences.


13.Bill to amend the criminal law in relation to insanity.


Other business which the Committee proposes to consider

Mandatorybusiness:

Joint Committee:


(i)Annual report and Work Programme


(ii)Strategy Statements of the Department of Justice, Equality and Law Reform, 1998-2000 (resumed).


Select Committee:


(i)Estimates relating to the Department of Justice, Equality and Law Reform and to the Department of Defence

Business listed inthe 1998 work programme and not disposed of which the Committee proposes to address in the coming year:

Joint Committee:


(i)Garda Reform in the context of the Strategic Management Initiative.


(ii)White Paper on Defence and Defence Forces re-organisation


(iii)Army deafness claims


Sub-Committee on Crime and Punishment:


(i)Use of Financial Penalties


(ii)Use of Prison (including alternatives to Imprisonment)


(iii)the Role of social deprivation in Crime


Sub-Committee on Women’s Rights:


(i)Women in the Workforce, Changing Work Patterns and Related Family Issues—Childcare


(ii)Violence against Women

New Business:

Joint Committee:


(i)Refugees and Asylum Seekers - issues relating to employment.(ii) Support for people with disabilities

 

Sub-Committee on Crime and Punishment:

 

(i)Role and Training of Prison Officers

 

Sub-Committee on Women’s Rights:

 

(i)Review of the Fourth European Action Programme for Equal Opportunities for Women and Men.


(ii)Women in Political Parties — Review of progress made in relation to the first recommendation to the Intergovernmental Conference intended to ensure equal rights for women and men in the European Treaties and to complete article 138A (currently article 191) of the EU Treaty regarding the role played by political parties.


“The above mentioned (the political parties) must ensure an equal participation of women and men in the decision making process at every level and ensure their equal representation in elections lists as well as in their decision bodies, committees, commissions, working groups and in high level posts.”


(iii)Special needs of women asylum seekers and refugees.

1 Subparagraph (2)(a)(iv) inserted. See Appendix 1 for Orders of Reference as so amended.


2 Senator Kathleen O’Meara was appointed in palce of Deputy Frances Fitzgerald on the 12th Feburary, 1998.


3 In connection with“Refugees and Asylum Seekers: A Challenge to Solidarity” - a joint publication by Trócaire and the Irish Commission for Justice and Peace.


4 Paragraph inserted by order of the Dáil of 28 April, 1998


5 Paragraph inserted by order of the Seanad of 30 April, 1998


6 Key to subparagraphs of main Committee’s Orders of Reference referred to: (i)= public affairs administered by Departments; (ii)=matters of policy under Ministers’ responsibility; (iii)=strategy statements; (iv)=women’s rights; (v)= other matters referred by the Dáil/Seanad.


7 Key to paragraphs of Dáil/Seanad Standing Orders referred to: (1)= take evidence; (2)= invite submissions; (3)=establish sub-committees; (4)=draft legislative change; (5),(6)=meet Ministers re policy/proposed legislation; (7)=meet principal office holders in State Bodies; (8)= consultants; (9)=travel.


8 Key to paragraphs of Dáil/Seanad Standing Orders referred to: (1)= take evidence; (2)= invite submissions; _(3)=establish sub-committees; (4)=draft legislative change; (5),(6)=meet Ministers re policy/proposed legislation; (7)=meet principal office holders in State Bodies; (8)= consultants; (9)=travel.


9 Deputy Ahearn was not in a position to attend meetings due to prolonged illness.


10 Senator Kathleen O’Meara was appointed in palce of Deputy Frances Fitzgerald on 12th Feburary, 1998.