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DÁIL ÉIREANNTUARASCÁILón gComhchoiste um Dhlí agus Ceart, Comhionnanas, Cosaint agus Cearta na mBan don bhliain dar críoch 31 Nollaig, 1999REPORTof the Joint Committee on Justice, Equality, Defence and Women’s Rights for the year ending 31 December, 1999REPORTof the Joint Committee on Justice, Equality, Defence and Women’s Rights for the period ending 31 December, 1999Table of Contents
ReportIntroduction1.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 1 January, 1999 to 31 December, 1999, is made in discharge of those requirements. Members serving on the Joint Committee in the course of the year3.The membership of the Joint Committee as of 1 January, 1999, was as follows: Members of Dáil Éireann: Deputies Theresa Ahearn, Seán Ardagh, Monica Barnes (Vice-Chairman), Beverley Cooper-Flynn, Frances Fitzgerald, Charles Flanagan, Mary Hanafin, Jim Higgins, Marian McGennis1, John McGuinness, Liz McManus, Eoin Ryan (Chairman), Pat Upton and G.V. Wright. Members of Seanad Éireann: Senators Eddie Bohan, John Connor, Tony Kitt, Denis O’Donovan and Kathleen O’Meara. 4.A vacancy in the membership of the Joint Committee arose on 22 February as a result of the tragic death of Deputy Pat Upton. 5.On 24 February, Deputy Liz McManus was discharged from the Joint Committee and Deputies Brendan Howlin and Jan O’Sullivan were appointed to fill the vacancies then existing. Sub-Committee on Crime and Punishment6.A Sub-Committee on Crime and Punishment was established by order of the Joint Committee of 21 January, 1998. The membership of the Sub-Committee as of 1 January, 1999, was as follows: Deputies Beverley Cooper-Flynn, Mary Hanafin, Jim Higgins (Chairman), John J. McGuinness, Liz McManus and Pat Upton and Senators Eddie Bohan, John Connor and Tony Kett. 7.Deputies Brendan Howlin and Jan O’Sullivan were appointed to the Sub-Committee on 19 March, 1999 to fill the vacancies caused by the discharge of Deputy Liz McManus from the Joint Committee and the death of Deputy Pat Upton. Sub-Committee on Women’s Rights8.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 (Chairman), Beverley Cooper-Flynn, Frances Fitzgerald, Mary Hanafin, Liz McManus and Eoin Ryan and Senators Eddie Bohan and Kathleen O’Meara. 9.Deputy Jan O’Sullivan was appointed to the Sub-Committee on 19 March, 1999, to fill the vacancy caused by the discharge of Deputy Liz McManus from the Joint Committee. Meetings of the Joint Committee and Various Subordinate Bodies10.The Joint Committee and subordinate bodies met on 45 occasions during the period under review. Numbers of meetings of each are as follows:
Orders of Reference of the Joint Committee11.The title of the Committee was altered from “Joint Committee on Justice, and Women’s Rights” to “Joint Committee on Justice, Equality, Defence and Women’s Rights” by resolutions of Dáil Éireann of 2 July, 1999, and Seanad Éireann of 6 July, 1999. 12.No other amendment was made to the orders of reference of the Joint Committee. 13.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 [Orders of Reference, Paragraph (1)(a)(i)]Bills referred to the Committee14.The Children Bill, 1996, was awaiting consideration by the Select Committee as of 31 December, 1998. 15.The Select Committee completed consideration of Third Stage of the following Bills during 1999: •Equal Status Bill, 1999 •Immigration Bill, 1999 •National Disability Authority Bill, 1998 •Protection of Children (Hague Convention) Bill, 1998 • Statute of Limitations (Amendment) Bill, 1998. 16.Third Stage of each of the following Bills were awaiting consideration by the Select Committee as of 31 December, 1999, in each case because the Department of Justice, Equality and Law Reform was not yet in a position to proceed: •Children Bill, 1996 (referred to Committee on 3 July, 1998) •Criminal Justice (United Nations Convention Against Torture) Bill, 1998 [Seanad] (referred to Committee on 7 October, 1999) •Illegal Immigrants (Trafficking) Bill, 1999 (referred to Committee on 9 December, 1999) •Solicitors (Amendment) Bill, 1998 [Seanad] (referred to Committee on 1 June, 1999). 17.As can be seen from the preceding paragraph, a considerable period of time can often elapse before the Committee can proceed to consider a Bill referred to it. 18.The Committee views as undesirable the practice of referring Bills to Committee immediately after second stage has concluded and before the Department concerned is in a position to proceed to Third Stage. Such referral should be regarded as premature as it gives rise to a significant amount of contact between the Department, the Committee Secretariat and members of the Committee which could be avoided if referral were delayed until after Government amendments had been tabled. Estimates for Public Services considered19.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 £ 1,497,993. The particular services to which this sum relates are as follows: Estimates for Public Services for the year ending 31 December, 1999 considered:
Other Matters Considered in Public Session20.The Joint Committee heard evidence in public on a number of issues in the course of the period under review., viz.: Refugees and Asylum Seekers21.The following addressed or gave oral evidence to the Committee in this connection: 17th December, 19972: 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) 22.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) 23.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) 24.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. 25.The Joint Committee is to resume its consideration of the Strategy Statements in 1999. Reports made26.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. 27.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 members28.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. 29.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. 30.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. 31.Deputies Monica Barnes and Frances Fitzgerald attended a Vital Voices Conference held in Belfast from 31 August to 3 September. 32.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. 33.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. 34.Deputy Eoin Ryan attended an internet Business Conference in the RDS on 20 October. 35.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 200036.The Joint Committee adopted a work programme for 2000 as set out in Appendix 7 at a meeting held on 28th January, 1999. Procedure and role of the CommitteeWomen’s Rights37.In its last report, the Joint Committee drew attention to a resolution passed by the 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) which called on all national parliaments in the EU to “ install independent Committees for women’s rights and equal opportunities .....”. 38.In its report, the Committee drew attention to a number of reasons why this would be appropriate in the Irish parliamentary context and recommend that a separate Committee on Women’s Rights be established. 39.The Joint Committee restated its position in the matter in a report made to the Dáil and Seanad Committees on Procedure and Privileges on the Procedures and Role of the Joint Committee dated 20th May, 1999, which addressed the desirability of changing the title of the Committee to better reflect the Committee’s actual remit. 40.The Committee remains of the view that a Committee on Women’s Rights should be established and its own orders of reference 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, 1998AppendicesAppendix 1:Orders of Reference of the Joint CommitteeOrder 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)3 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; 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)4 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; 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 SecurityOrder 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 PunishmentOrder 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 Reference5; (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)6: 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 RightsOrder 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)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. Appendix 5:Members’ Attendance15 meetings of the Joint Committee were held to 31 December, 1998. The attendance record of individual members was as follows:
16 meetings of the Dáil Select Committee were held to 31 December, 1998. The attendance record of individual members was as follows:
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:
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:
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:
Appendix 6:Substitutes’ AttendanceStanding 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
Appendix 6: Substitutes’ Attendance (contd.)Members of Seanad Éireann
Appendix 7:Work Programme for 1999 LegislationBills 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
1Appointed by order of the Dáil of 9 December, 1998 in substitution for deputy Noel O’Flynn. 3Paragraph inserted by order of the Dáil of 28 April, 1998 4Paragraph inserted by order of the Seanad of 30 April, 1998 8Deputy Ahearn was not in a position to attend meetings due to prolonged illness. |
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