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APPENDIX 4Minutes of Proceedings of the Joint Committee3Meeting Wednesday 28th April, 2004Minutes of Proceedings1. The Committee met in private session at 9.37 a.m. Attendance: Deputies: Seán Ardagh (Chairman), Joe Costello, Máire Hoctor, Finian McGrath, Charlie O’Connor, Denis O’Donovan, Peter Power, John Carty (for Seán O’Fearghaíl) Senators: Sheila Terry, Michael P. Kitt (for Tony Kett), Pat Moylan (for Jim Walsh) Also in attendance: Deputy Jim O’Keeffe, Deputy Aengus O’ Snodaigh. 2. Draft Report on Review of the Criminal Justice System The Committee resumed its discussions on the draft report in private session. It was agreed that Mr. Paul Anthony McDermott B.L. would assist the Joint Committee in finalising this report. 3. E.U. Scrutiny Items The Committee reviewed the current situation regarding EU proposals which have been referred to this Committee for detailed scrutiny. 4. Adjournment The meeting was adjourned sine die at 10:30 a.m. ___________ Seán Ardagh Chairman April 2004 Meeting Tuesday 4th May, 2004Minutes of Proceedings1. The Committee met in public session at 2.10 p.m. Attendance: Deputies: Paul McGrath (Vice Chairman), John Curran (for Seán Ardagh), Joe Costello, Jimmy Devins (for Máire Hoctor), Finian McGrath, Charlie O’Connor, Ollie Wilkinson (for Peter Power), Seán O’Fearghaíl Senators: Sheila Terry, Tony Kett, Joanna Tuffy, Kieran Phelan (for Jim Walsh) Also in attendance: Deputy Jim O’Keeffe, Deputy Aengus O’Snodaigh. 2. Motion concerning a Proposal for a Council Decision establishing the European Refugee Fund for the period 2005 — 2010. The Committee had been referred the following motion for consideration: “That the proposal that Dáil Éireann approve the exercise by the State of the option, provided by Article 3 of the fourth Protocol set out in the Treaty of Amsterdam, to notify the President of the Council that its wishes to take part in the adoption and application of the following measure: Proposal for a Council Decision establishing the European refugee Fund for the period 2005-2010 a copy of which proposed measure was laid before Dáil Éireann on 2nd April 2004, be referred to the Joint Committee on Justice, Equality, Defence and Women’s Rights in accordance with paragraph (2) of the Orders of Reference of that Committee, which, not later than 6th May 2004, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84(2) shall accordingly apply.” Analogous wording was used for the Seanad Motion. The Minister made a brief presentation setting out the background of the motion. A question and answer session followed with the Committee. Upon conclusion of the discussion the Vice Chairman confirmed that in accordance with Standing Orders, the Joint Committee would report back to Dáil Éireann and Seanad Éireann to the effect that it had completed its consideration of the Motion. It was agreed that there should be no further debate on the matter by Dáil Éireann and Seanad Éireann and the draft report on the Motion was agreed. In private session The Committee went into private session at 3.20 p.m. 3. Correspondence The Committee agreed a response to correspondence received. 4. Meeting slots The Committee agreed to use the new slot available to the Committee at 9.30 a.m. on Wednesdays, from June onwards for dealing with EU scrutiny matters and to also meet with various interest groups. 5. Adjournment The meeting was adjourned sine die at 3.26 p.m. ___________ Seán Ardagh Chairman, May 2004 Meeting Wednesday 5th May, 2004Minutes of Proceedings1. The Committee met in private session at 6.25 p.m. Attendance: Deputies: Paul McGrath (Vice Chairman), Máire Hoctor, Peter Power, John Curran (for Seán Ardagh) Senators: Joanna Tuffy, Ann Ormonde (for Tony Kett) 2. Proposal for a Council Decision on the European Refugee Fund The Committee agreed the Draft Report on a motion concerning a Proposal for a Council Decision establishing the European Refugee Fund for the period 2005 — 2010. 3. Discussion on Draft Report on Review of the Criminal Justice System Members had before them the Draft Report on a Review of the Criminal Justice System and the submissions received, including a submission which was received late. Paul Anthony McDermott B.L. took the members through the changes, which were subsequently agreed to. 4. Adjournment The meeting was adjourned sine die at 6.35 p.m. ___________ Seán Ardagh Chairperson, May 2004. Meeting Wednesday 12th May, 2004Minutes of Proceedings1. The Committee met in private session at 4.05 p.m. Attendance: Deputies: Seán Ardagh (Chairperson), Máire Hoctor, Joe Costello, Finian McGrath, Seán O’Fearghaíl, Charlie O’Connor, Peter Power Senators: Tony Kett, Jim Walsh Also in attendance: Deputy Jim O’Keeffe, Deputy Aengus O’Snodaigh. 2. Report on Criminal Justice System The Committee resumed its discussion on the Draft report on the Review of the Criminal Justice System. 3. Adjournment The meeting adjourned sine die at 5.10 p.m. _____________ Seán Ardagh Chairperson, May 2004 Meeting Thursday 13th May, 2004Minutes of Proceedings1. The Committee met in public session at 9.30 a.m. Attendance: Deputies: Seán Ardagh (Chairperson), Máire Hoctor, Joe Costello, Finian McGrath, Paul McGrath, Charlie O’Connor, Peter Power, Dinny McGinley Senators: Diarmuid Wilson (for Tony Kett), Timmy Dooley (for Jim Walsh) Also in attendance: Deputy Jim O’Keeffe 2. Discussion with Members of the Intelligence Committee of the National Assembly of the Republic of Korea. The Chairperson welcomed the delegation which comprised of: Mr. Hyung-Keun Chung and Mr. Seung-Huie Hahm, Members of the Intelligence Committee of the National Assembly of the Republic of Korea. They were accompanied by Mr. Namgung, a senior official from the National Assembly of the Republic of Korea, and Mr. Jung-Taek Lim, First Secretary, Embassy of the Republic of Korea in Dublin. The discussion revolved around issues of mutual concern. 3. Adjournment The meeting adjourned sine die at 10.35 a.m. ____________ Seán Ardagh, Chairperson, May 2004 Meeting Wednesday 19th May, 2004Minutes of Proceedings1. The Committee met in public session at 4.15 p.m. Attendance: Deputies: Seán Ardagh (Chairperson), Joe Costello, Máire Hoctor, Finian McGrath, Seán O’Fearghaíl, Peter Power, Joe Callanan (for Denis O’Donovan) Senators: Jim Walsh, Diarmuid Wilson (for Jim Walsh for part of the meeting), Terry Leydon (for Tony Kett) Also in attendance: Deputy Jim O’Keeffe 2. Justice and Home Affairs: Ministerial Presentation. The Committee met with the Minister for Justice, Equality and Law Reform, Michael McDowell T.D., to discuss the most recent and forthcoming meetings of the Justice and Home Affairs Council. Copies of official reports emanating from each of the Council’s recent meetings were circulated to members at the meeting. The Minister spoke of the five year programme agreed by the Tampere European Council, mentioning that the Irish Department had decided to focus on promoting operational co-operation particularly on police and customs. Members were unanimous in praising the Minister and his officials on their achievement in making significant progress in a substantial number of important areas concerning Justice and Home Affairs during the course of the Irish Presidency of the EU. In private session The Committee went into private session at 5.05 p.m. 3. Adjournment The meeting adjourned sine die at 5.15 p.m. ____________ Seán Ardagh, Chairperson, May 2004 Meeting Wednesday 26th May, 2004Minutes of Proceedings1. The Committee met in public session at 6.30 p.m. Attendance: Deputies: Seán Ardagh (Chairperson), Joe Costello, Máire Hoctor, Paul McGrath Senators: Sheila Terry, Tony Kett, Diarmuid Wilson (for Jim Walsh) Also in attendance: Deputy Jim O’Keeffe 2. Consideration of Motions. The Chairperson welcomed Michael McDowell T.D., Minister for Justice, Equality and Law Reform, and his officials to the meeting, the purpose of which was to consider 4 motions which had been referred to the Committee. Proposal for a regulation of the European Parliament and the Council creating a European Order for Payment Procedure: “That the proposal that Dáil Éireann approve, in accordance with Article 29.4.6 of Bunreacht na hÉireann, the exercise by the State of the option, provided by Article 3 of the fourth Protocol set out in the Treaty of Amsterdam, to notify the President of the Council of the European Union that it wishes to take part in the adoption and application of the following proposed measure: a proposal for a Regulation of the European Parliament and the Council creating a European Order for Payment Procedure, a copy of which proposed measure was laid before Dáil Éireann on 8th April, 2004, be referred to the Joint Committee on Justice, Equality, Defence and Women’s Rights, in accordance with paragraph (2) of the Orders of Reference of that Committee, which, not later than 2nd June, 2004, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84 (2) shall accordingly apply.” Analogous wording was used for the Seanad Motion. Proposal for a Council Framework Decision on the application of the principle of mutual recognition to confiscation orders: “That the proposal that Dáil Éireann approve the exercise by the State of the option or discretion provided by Article 1.11 of the Treaty of Amsterdam to take part in the adoption of the following proposed measure : a proposal for a Council Framework Decision on the application of the principle of mutual recognition to confiscation orders, a copy of which proposed measure was laid before Dáil Éireann on 18th May, 2004, be referred to the Joint Committee on Justice, Equality, Defence and Women’s Rights, in accordance with paragraph (2) of the Orders of Reference of that Committee, which, not later than 2nd June, 2004, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84 (2) shall accordingly apply.” Analogous wording was used for the Seanad Motion. Proposal for a Council Framework Decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking: “That the proposal that Dáil Éireann approve the exercise by the State of the option or discretion provided by Article 1.11 of the Treaty of Amsterdam to take part in the adoption of the following proposed measure : a proposal for a Council Framework Decision laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking, a copy of which proposed measure was laid before Dáil Éireann on 18th February, 2004, be referred to the Joint Committee on Justice, Equality, Defence and Women’s Rights, in accordance with paragraph (2) of the Orders of Reference of that Committee, which, not later than 2nd June , 2004, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84 (2) shall accordingly apply.” Analogous wording was used for the Seanad Motion. Proposal for a Council Framework Decision on Attacks against Information Systems: “That the proposal that Dáil Éireann approve the exercise by the State of the option or discretion provided by Article 1.11 of the Treaty of Amsterdam to take part in the adoption of the following proposed measure : a proposal for a Council Framework Decision on Attacks against Information Systems, a copy of which proposed measure was laid before Dáil Éireann on 24th May, 2004, be referred to the Joint Committee on Justice, Equality, Defence and Women’s Rights, in accordance with paragraph (2) of the Orders of Reference of that Committee, which, not later than 2nd June, 2004, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84 (2) shall accordingly apply.” Analogous wording was used for the Seanad Motion. The Minister made an opening presentation concerning the subject matter of the four motions, after which there was a question and answer session. Upon conclusion of the discussion the Chairman confirmed that in accordance with Standing Orders, the Joint Committee would report back to Dáil Éireann and Seanad Éireann to the effect that it had completed its consideration of the motions. It was agreed that there should be no further debate on the matter by Dail Éireann and Seanad Éireann and the draft report on the motions was agreed. In private session The Committee went into private session at 7.30 p.m. 3. The Committee discussed recent correspondence received. 4. It was confirmed that a progress report had been sent to the Sub-Committee on EU Scrutiny. 5. Adjournment The meeting adjourned sine die at 7.35 p.m. ____________ Seán Ardagh, Chairperson, May 2004 Meeting Wednesday 2nd June, 2004Minutes of Proceedings1. The Committee met in private session at 9.30 a.m. Attendance: Deputies: Seán Ardagh (Chairperson), Joe Costello, Máire Hoctor, Denis O’Donovan, Peter Power Senators: Sheila Terry, Ann Ormond (for Tony Kett) Also in attendance: Deputy Jim O’Keeffe 2. Discussion on the Proceeds of Crime (Amendment) Bill 1999 The Chairperson welcomed Mr Tony McDermott-Roe, Department of Justice, Equality and Law Reform, who was accompanied by Ms Nicola Murphy. Documentation supplied by the Department, including a copy of the amendments which were proposed, was circulated to the members. Mr. McDermott-Roe provided comprehensive briefing on the modified version of the Bill, after which there was a question and answer session. 3. AOB After the briefing session by the Department, the Committee went on to discuss other Committee matters which included: •Correspondence received •Upcoming visit by a German Delegation in late June 2004 •Upcoming referral of the Equality Bill to the Committee by the end of June •Financial issues. 4. Adjournment The meeting adjourned sine die at 10.13 a.m. ____________ Seán Ardagh, Chairperson, June 2004 Meeting Tuesday 29th June, 2004Minutes of Proceedings1. The Committee met in public session at 2.36 p.m. Attendance: Deputies: Seán Ardagh (Chairperson), Joe Costello, Máire Hoctor, Denis O’Donovan, Peter Power, Paul McGrath, Seán O’Fearghaíl, Charlie O’Connor Senators: Tony Kett, Jim Walsh Also in attendance: Deputy Jim O’Keeffe, Deputy Aengus O’ Snodaigh 2. Motion concerning a proposal for a Council Directive on a specific procedure for admitting third country nationals for purposes of scientific research. The Chairperson welcomed Michael McDowell T.D., Minister for Justice, Equality and Law Reform, and his officials to the meeting, the purpose of which was to consider a motion which had been referred to the Committee, the text of which is laid out below: “That the proposal that Dáil Éireann approve the exercise by the State of the option, provided by Article 3 of the Fourth Protocol set out in the Treaty of Amsterdam, to notify the President of the Council that it wishes to take part in the adoption and application of the following proposed measure: a proposal for a Council Directive on a specific procedure for admitting third country nationals for purposes of scientific research, a copy of which proposed measure was laid before Dáil Éireann on 6 May 2004, be referred to the Joint Committee on Justice, Equality, Defence and Women’s Rights, in accordance with paragraph (2) of the Orders of Reference of that Committee, which, not later than 8th July, 2004, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84 (2) shall accordingly apply.” Analogous wording was used for the Seanad Motion. The Minister made an opening presentation concerning the subject matter of the motion. Minister McDowell came out in favor of the proposal, commenting that throughout our Presidency of the European Union over the last six months we have made significant progress in moving forward the implementation of a common immigration and asylum policy. This has been in line with the European Council meeting in Tampere in 1999, at which it was agreed to work for the development of a common EU migration policy. After the Minister’s presentation, the motion was debated by the Committee. The Chairman confirmed that in accordance with Standing Orders, the Joint Committee would report back to Dáil Éireann and Seanad Éireann to the effect that it had completed its consideration of the Motion. It was agreed that there should be no further debate on the matter by Dáil Éireann and Seanad Éireann and the draft report on the Motion was agreed. In private session The Committee went into private session at 3.43 p.m. to further discuss Committee business. 3. Adjournment The meeting adjourned sine die at 5.02 p.m. __________ Seán Ardagh, Chairperson, June 2004 Meeting Thursday 8th July, 2004Minutes of Proceedings1. The Committee met in private session at 9.35 a.m. Attendance: Deputies: Joe Costello, Máire Hoctor, Denis O’Donovan, Peter Power, Paul McGrath, Breeda Moynihan-Cronin, Jim O’Keeffe (for Dinny McGinley) Senators: Kieran Phelan (for Tony Kett) Also in attendance: Deputy Aengus O’Snodaigh 2. Civil Liability and Courts Bill 2004 3. Discussion on Draft Report on Review of the Criminal Justice System Paul Anthony McDermott B.L. took the members through the changes in the Draft Report, which were subsequently agreed to. 4. Adjournment The meeting adjourned sine die at 10.05 a.m. ____________ Seán Ardagh, Chairperson, July 2004 Meeting Wednesday 21st July, 2004Minutes of Proceedings1. The Committee met in private session at 11.12 a.m. Attendance: Deputies: Seán Ardagh (Chairperson), Joe Costello, Máire Hoctor, Charlie O’Connor, Paul McGrath, Finian McGrath, Dinny McGinley, Seán O’Fearghaíl Senators: Camillus Glynn (for Tony Kett), Paul Coughlan (for Sheila Terry) Also in attendance: Deputy Aengus O’Snodaigh 2. EU Scrutiny It was agreed to scrutinise the following EU proposals which had been forwarded to the Committee: COM (2004) 384; COM (2004) 391; COM (2004) 254. 3. The finalised Report on the Review of the Criminal Justice System was agreed. 4. Adjournment The meeting adjourned sine die at 11.33 a.m. ____________ Seán Ardagh, Chairperson, July 2004 Meeting Wednesday 6th October, 2004Minutes of Proceedings1. The Committee met in private session at 9.37 a.m. Attendance: Deputies: Seán Ardagh (Chairperson), Joe Costello, Máire Hoctor, Charlie O’Connor, Paul McGrath, Finian McGrath, Breeda Moynihan-Cronin, Denis O’Donovan, Peter Power Senators: Sheila Terry, Pat Moylan (for Jim Walsh) Also in attendance: Deputy Aengus O’Snodaigh, Deputy Jim O’Keeffe 2. EU Scrutiny It was agreed to scrutinise the following EU proposal which had been forwarded to the Committee: Council Document 8958/04. 3. Discussion on Work Programme 4. Adjournment The meeting adjourned sine die at 10.12 a.m. ____________ Seán Ardagh, Chairperson, October 2004 Meeting Tuesday, 12 October, 2004Minutes of Proceedings1. The Committee met in public session at 2.45 p.m. Attendance: Deputies: Seán Ardagh (Chairperson), Joe Costello, Máire Hoctor, Charlie O’Connor, Finian McGrath, Seán O’Fearghaíl, Denis O’Donovan, Peter Power Senators: Sheila Terry, Jim Walsh, Paddy Burke (for Sheila Terry for part of meeting), Pat Moylan (for Jim Walsh for part of meeting), Kieran Phelan (for Tony Kett) Also in attendance: Deputy Arthur Morgan 2. Motion: Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2004 The Chairman welcomed Michael McDowell T.D., Minister for Justice, Equality and Law Reform, and his officials to the meeting, the purpose of which was to consider a motion which had been referred to the Committee, which was worded as follows: That the proposal that Dáil Éireann approve the Draft Order entitled: Adoptive Leave Act 1995 (Extension of Periods of Leave) Order 2004, copies which were laid before Dáil Éireann on 9th September 2004, be referred to the Joint Committee on Justice, Equality, Defence and Women’s Rights, in accordance with paragraph (2) of the Orders of Reference of that Committee, which, not later than 19th October, 2004, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84(2) shall accordingly apply. Analogous wording was used for the Seanad Motion. The Minister gave a brief presentation outlining the reason for the Draft Order. The order provides for an increase of two weeks in adoptive leave, from 14 to 16 weeks. He explained that the Adoptive Leave Act 1995 was initially introduced to provide for an entitlement to periods of leave from employment for an adopting mother after the placement of a child into her care on an equivalent basis to the leave entitlement available in maternity protection legislation to natural mothers. His presentation was followed by questions from the members. It was agreed that there should be no further debate on the matter in the Dáil and Seanad. The Chairman confirmed that in accordance with Standing Orders, the Joint Committee would report back to Dáil Éireann and Seanad Éireann to the effect that it had completed its consideration of the Motion. The draft report on the Motion was agreed. In private session The Committee went into private session at 3.27 p.m. 3. Adjournment The meeting adjourned sine die at 3.28 p.m. ____________ Seán Ardagh, Chairperson, October 2004 Meeting Tuesday, 9th November, 2004Minutes of Proceedings1. The Committee met in public session at 9.37 a.m. Attendance: Deputies: Seán Ardagh (Chairperson), Máire Hoctor, Charlie O’Connor, Finian McGrath, Seán O’Fearghaíl, Peter Power, Jim O’Keeffe, Kathleen Lynch (for Breeda Moynihan-Cronin) Senators: Tony Kett Also in attendance: Deputy David Stanton, Deputy Aengus O’Snodaigh, Senator Sheila Terry 2. Approval of Nomination of Vice-Chairperson Deputy Gerard Murphy replaced Deputy Paul McGrath as Vice-Chairperson of the Committee. 3. Presentations by Interest Groups concerning the Disability Bill 2004 The Chairman welcomed the groups on the first day of two hearings to be held by the Committee, which had been organised in response to requests from a number of interest groups due to their concerns on the content and implications of the Disability Bill 2004. The Chairman began by asking the groups to give the Committee an insight into what they felt about the Bill and to help the Committee make contributions and amendments as necessary. The 15 organisations that spoke on the first day were as follows: National Council on Ageing, Age Action, the Disability Legislative Consultative Group, the National Disability Authority, the National Association for the Mentally Handicapped of Ireland, the Forum of People with Disabilities, People with Disabilities in Ireland, Rehab Group, National Federation of Voluntary Bodies, Disability Federation of Ireland, Mental Health Ireland, Brainwave - The Epilepsy Association, Headway Ireland — The National Association for Acquired Brain Injury, the Alzheimer Society of Ireland and Enable Ireland. After the presentations there was a questions and answer session from the members. A reoccurring concern was that the definition of disability needed to be tweaked to take account of those suffering from Alzheimer’s disease, epilepsy, depression and several other non-enduring disabilities. The Chairman thanked the groups and welcomed them to attend the second day of oral hearings. In private session The Committee went into private session at 1.50 p.m. Adjournment The meeting adjourned sine die at 2.00 p.m. ____________ Seán Ardagh, Chairperson, November 2004 Meeting Tuesday, 16th November, 2004Minutes of Proceedings1. The Committee met in public session at 9.38 a.m. Attendance: Deputies: Seán Ardagh (Chairperson), Máire Hoctor, Gerard Murphy, Finian McGrath, Peter Power, Denis O’Donovan, David Stanton (for Jim O’Keeffe), Kathleen Lynch (for Breeda Moynihan-Cronin) Senators: Maurice Cummins, Camillus Glynn (for Jim Walsh) Also in attendance: Deputy Aengus O’Snodaigh 2. Presentations by Interest Groups concerning the Disability Bill 2004 (Day 2) The Chairman welcomed 15 groups on the second day of hearings. These groups are as follows: The Irish Senior Citizen parliament, AWARE, The Ann Sullivan Association for Deafblind, Genetic and Inherited Disorders Organisation, Huntington’s Disease Association of Ireland, The Irish Association for Spina Bifida and Hydrocephalus, Not for the Profit Business Association, Irish Wheelchair Association, AHEAD — The Association for Higher Education Access and Disability, Institute for Design and Disability, Footsteps — Down Syndrome Ireland, National Parents and Siblings Alliance, The Carers Association, Children in Hospital Ireland and the Irish Insurance Federation. A question and answer session followed with the members. Suggestions and questions were noted by the Committee members. The Chairman thanked the groups for their participation. In private session The Committee went into private session at 1.08 p.m. where it dealt with various items of Committee business, including upcoming meetings and requests for meetings with the Committee. 3. Adjournment The meeting adjourned sine die at 1.15 p.m. ______________ Seán Ardagh, Chairperson, November 2004 Meeting Wednesday, 17th November, 2004Minutes of Proceedings1. The Committee met in private session at 12.10 p.m. Attendance: Deputies: Seán Ardagh (Chairperson), Joe Costello, Máire Hoctor, Gerard Murphy, Finian McGrath, Peter Power, Denis O’Donovan, Jim O’Keeffe, Breeda Moynihan-Cronin, Seán O’Fearghaíl, Charlie O’Connor Senators: Maurice Cummins, Tony Kett Also in attendance: Deputy Aengus O’Snodaigh, Deputy Caoimhghin O’Caolain 2. Barron II The Committee held a discussion with Judge Henry Barron on his Report into the Dublin Bombings of 1972 and 1973. The meeting was suspended at 1.30 p.m., and resumed in private session at 5.28 p.m. 3. Committee Business The Committee discussed various items of Committee business, including the members of the Sub-Committee on the Barron Report on the Dublin Bombings of 1972 and 1973, and the Interim report. In public session The Committee went into public session at 5.47 p.m. 4. The 2nd Barron Report The Committee agreed the Interim Report on the Report of the Independent Commission of Inquiry into the Dublin Bombings of 1972 and 1973. The Report was laid before both Houses. The Committee extended its sympathy to the victims and relatives of the victims of the 1972 and the 1973 atrocities. The Committee also thanked Mr Justice Henry Barron for assisting the Committee in their initial consideration of the report. 5. Adjournment With no further business to be discussed, the meeting was adjourned sine die at 5.49 p.m. _______________ Seán Ardagh, Chairperson, November 2004 Meeting Tuesday, 23rd November, 2004Minutes of Proceedings1. The Committee met in public session at 5.33 p.m. Attendance: Deputies: Seán Ardagh (Chairperson), Máire Hoctor, Finian McGrath, Seán O’Fearghaíl, Charlie O’Connor, David Stanton (for Jim O’Keeffe), Kathleen Lynch (for Breeda Moynihan-Cronin) Senators: Kieran Phelan (for Jim Walsh), Geraldine Feeney (for Tony Kett) Also in attendance: Deputy Aengus O’Snodaigh 2. Presentation by Interest Groups concerning the Disability Bill 2004 The Chairman welcomed both groups, namely representatives of TV3, Mr. David McMunn (Director of Government, Regulatory and Legal Affairs) and Mr. Peter Ennis, (Director of Engineering), and also representatives from the Irish Human Rights Commission, Dr. Maurice Manning, Professor William Binchy and Professor Gerald Quinn. Mr. McMunn outlined TV3’s commitment to address the real issue at the heart of the Bill, which is the need to fully embrace the disabled society. He then proceeded to inform the Committee of TV3’s concerns and suggested amendments. Dr. Manning outlined the role of the newly established Irish Human Rights Commission. The members had already been circulated with the IHRC’s views on the Bill, which Professor Binchy discussed. After both presentations, a question and answer session followed with the members. The Chairman thanked the invitees for attending the meeting. In private session 3. The Committee went into private session at 6.27 p.m. The Committee discussed upcoming business including forthcoming legislation and the referral of a motion concerning the dispatch of a EUFOR force to Herzegovina. 4. Sub-Committee on the 2nd Barron Report It was agreed that the new Sub-Committee be named the “Sub-Committee on the Barron Report on the Dublin Bombings of 1972 and 1973”. 5. Adjournment The meeting was adjourned sine die at 6.38 p.m. _______________ Seán Ardagh, Chairperson, November 2004 Meeting Wednesday, 24th November, 2004Minutes of Proceedings1. The Committee met in public session at 9.30 a.m. Attendance: Deputies: Seán Ardagh (Chairperson), Joe Costello, Máire Hoctor, Finian McGrath, Jim O’Keeffe, Breeda Moynihan-Cronin, Peter Power Senators: Maurice Cummins, Geraldine Feeney (for Tony Kett) 2. Discussion with Law Reform Commission on Report on Land Law Reform The Chairman welcomed representatives of the Law Reform Commission, together with Professor J.C.W. Wylie, Professor of Law at Cardiff University. The Chairman also welcomed the Commissioner of the Law Reform Commission, Ms Patricia Rickard-Clarke. Professor J.C.W. Wylie gave a presentation on the recently published consultation paper on the reform and modernization of land law and conveyancing law. He outlined how the Commission were trying to bring our land law and conveyancing system into the 21st century. He mentioned that a large part of that process is getting rid of old legislation, most of which was enacted centuries ago. He also talked about modernising our legislation because there are still statutes on the Statute Book dating back to the 13th century. After brief presentations, a question and answer session took place with Committee members. Upon conclusion of the discussion, the Chairman gave an opportunity to all attending to make final remarks. He thanked all the guests for attending the meeting, and stated that the Consultation Paper and ongoing associated projects represented a quantum change in land law and conveyancing law in Ireland, particularly with regard to progressing E-Government. In private session The Committee went into private session at 10.33 a.m. 3. Adjournment The meeting was adjourned sine die at 10.35 a.m. _______________ Seán Ardagh, Chairperson, November 2004 Meeting Tuesday, 30th November, 2004Minutes of Proceedings1. The Committee met in public session at 1.46 p.m. Attendance: Deputies: Seán Ardagh (Chairperson), Joe Costello, Máire Hoctor, Gerard Murphy, Finian McGrath, Charlie O’Connor, Jim O’Keeffe, David Stanton (for Jim O’Keeffe for part of meeting), Kathleen Lynch (for Breeda Moynihan-Cronin), John Ellis (for Seán O’Fearghaíl), Ollie Wilkinson (for Peter Power) Senators: Jim Walsh, Maurice Cummins Also in attendance: Deputy Aengus O’Snodaigh 2. Motion concerning Criminal Justice (Drug Trafficking) Act 1996 The Chairperson welcomed Michael McDowell T.D., Minister for Justice, Equality and Law Reform, and his officials to the meeting, the purpose of which was to consider a motion which had been referred to the Committee, the text of which is laid out below: “That the proposal that Dáil Éireann resolves that sections 2, 3, 4, 5 and 6 of the Criminal Justice (Drug Trafficking) Act 1996 (No. 29 of 1996), shall continue in operation for the period ending on 31st December, 2006, be referred to the Joint Committee on Justice, Equality, Defence and Women’s Rights, in accordance with paragraph (2) of the Orders of Reference of that Committee, which, not later than 1st December, 2004, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84(2) shall accordingly apply.” Analogous wording had been used for the Seanad Motion. The Minister made a brief presentation on the operation of the Act, which was followed by questions from the members. Upon conclusion of the discussion the Chairman confirmed that in accordance with Standing Orders, the Joint Committee would report back to Dáil Éireann and Seanad Éireann to the effect that it had completed its consideration of the Motion. It was agreed that there should be no further debate on the matter by Dáil Éireann and Seanad Éireann and the draft report on the Motion was agreed. 3. Presentations by Interest Groups concerning the Disability Bill 2004 The Chairman welcomed representatives of the Equality Authority, Mr. Niall Crowley, Chief Executive Officer, together with Ms. Eilis Barry, Legal Advisor, and the Irish Insurance Federation who were represented by Ms Jennifer Hoban and Mr. Noel Finnegan. The groups then proceeded to make presentations to the Committee in relation to the Disability Bill 2004. After a question and answer session with the members, the Chairman thanked the groups and assured them that their points made to the Committee would be taken into consideration. In private session 4. The Committee went into private session at 3.48 p.m. and dealt with the following topics: Upcoming Meetings Upcoming meetings were discussed, including the motion on qualified majority voting. Select Committee business for the following week was timetabled. EU Scrutiny EU Scrutiny — two Title IV proposals which were forwarded to the Committee for further information: •COM (2004)718: Proposal for a Directive on certain aspects of mediation in civil and commercial matters. •14497/04: Draft Decision of the Council providing for certain areas covered by Title IV of Part three of the Treaty establishing the European Community to be governed by the procedure referred to in Article 251 of that Treaty. 6. Adjournment The meeting was adjourned sine die at 3.55 p.m. _______________ Seán Ardagh, Chairperson, November 2004 Meeting Wednesday, 1st December, 2004Minutes of Proceedings1. The Committee met in public session at 9.35 a.m. Attendance: Deputies: Seán Ardagh (Chairperson), Joe Costello, Máire Hoctor, Gerard Murphy, Finian McGrath, Charlie O’Connor, Denis O’Donovan, Jim O’Keeffe, Breeda Moynihan-Cronin, Joe Callanan (for Seán O’Fearghaíl), Ollie Wilkinson (for Peter Power) Senators: Jim Walsh Also in attendance: Deputy Aengus O’Snodaigh 2. Consideration of a Motion concerning Draft Decision on Qualified Majority Voting Procedure The Chairperson welcomed Frank Fahey T.D., Minister of State, Dept. of Justice, Equality and Law Reform, and his officials to the meeting, the purpose of which was to consider a motion which had been referred to the Committee, the text of which is laid out below: “That the proposal that Dáil Éireann approves the exercise by the State of the option, provided by Article 3 of the fourth Protocol set out in the Treaty of Amsterdam, to notify the President of the Council that it wishes to take part in the adoption and application of the following proposed measure: Draft Decision of the Council providing for certain areas covered by title IV of Part three of the Treaty establishing the European Community to be governed by the procedure referred to in Article 251 of that Treaty, a copy of which proposed measure was laid before Dáil Éireann on 25th November, 2004, be referred to the Joint Committee on Justice, Equality, Defence and Women’s Rights, in accordance with paragraph (2) of the Orders of Reference of that Committee, which, not later than 7th December, 2004, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84(2) shall accordingly apply.” Analogous wording had been used for the Seanad Motion. Minister of State, Frank Fahey, outlined the details of the proposal. He informed the Committee that the motion related to a procedure which would provide for qualified majority voting in the Council and the application of the co-decision procedure in the European Parliament. The Minister spoke in support of the motion and hoped that Ireland fully opted into this legislative proposal prior to its planned adoption by the European Council before the end of December. After the Minister’s presentation, there was a question and answer session with the members, where they outlined some concerns on the adoption of this policy e.g. implications for migration and national sovereignty. It was agreed that there should be no further debate on the matter by Dáil Éireann and Seanad Éireann and the draft report on the motion was agreed. Upon conclusion of the discussion the Chairman confirmed that in accordance with Standing Orders, the Joint Committee would report back to Dáil Éireann and Seanad Éireann to the effect that it had completed its consideration of the Motion. In private session 3. The Committee went into private session at 10.25 a.m. to confirm upcoming meetings. 4. Adjournment The meeting was adjourned sine die at 10.30 a.m. _______________ Seán Ardagh, Chairperson, December 2004 Meeting Tuesday, 14th December, 2004Minutes of Proceedings1. The Committee met in public session at 2.52 p.m. Attendance: Deputies: Seán Ardagh (Chairperson), Joe Costello, Máire Hoctor, Gerard Murphy, Finian McGrath, Jim O’Keeffe, Seán O’Fearghaíl, Peter Power Senators: Tony Kett Also in attendance: Deputy Aengus O’Snodaigh, Senator Sheila Terry 2. Presentation by the National Domestic Violence Intervention Agency The Chairman welcomed representatives from the National Domestic Violence Intervention Agency, Mr. Don Hennessy, Clinical Director, and Ms. Martina Boyle, Project Co-ordinator, who were invited in to speak to the Committee on domestic violence. Members were circulated with briefing and speaking notes from the NDVIA. After the presentation, a question and answer session took place with the members. Overall, the members were unanimous in their appreciation of the work carried out in extremely difficult circumstances by agencies nationwide. The Chairman thanked the group for coming in and making a very helpful contribution. In private session 3. The Committee went into private session at 4.03 p.m. and discussed the following: Transfer of Execution of Sentences Bill Committee stage of the Transfer of Execution of Sentences Bill for consideration by the Select Committee, due for discussion tomorrow, Wednesday 15th December. Sub-Committee on the Barron II Report Approval of Draft Terms of Reference of the new Sub-Committee on the Barron Report on the Dublin Bombings of 1972 and 1973, (Barron II). 4. Adjournment The meeting was adjourned sine die at 4.12 p.m. _______________ Seán Ardagh, Chairperson, December 2004 |
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