Committee Reports::Annual Report of the Joint Committee on Justice, Equality, Defence and Women's Rights, 2005::14 February, 2007::Appendix

APPENDIX 4

Minutes of the Joint Committee Meetings

Meeting 24 January 2005

Minutes of Proceedings

1. Attendance:


Deputies: Seán Ardagh, Joe Costello, Máire Hoctor, Finian McGrath, Seán O Fearghaíl.


Senators: Tony Kett, Maurice Cummins, Jim Walsh.


The Committee met in private session in Room CR 2 at 5.05 pm


In Private Session


2. Barron Report on the Dublin Bombings of 1972 and 1973


There was a discussion on the membership of the Sub-Committee on the Barron Report on the Dublin Bombings of 1972 and 1973. It was agreed that Senator Jim Walsh would replace Senator Tony Kett (by agreement between the two Senators) as a member of the Sub-Committee on the Barron Report on the Dublin Bombings of 1972 and 1973. It was agreed that a revised list of members of the Sub-Committee would be issued. The schedule of hearings and list of witnesses was also agreed. Members were informed that the module folders for the hearings would be circulated the following morning.


The Chairman confirmed that there were no immediate plans to schedule any Bills during the period of the hearings. However, he undertook to keep members informed of any developments. He anticipated that the Sub-Committee would be continuing with its work until 17th February 2005.


3. Appointment of Rapporteur — Law of Privacy


Deputy Jim O’Keeffe indicated that he wished to undertake research as rapporteur on the issue of the law of privacy. He stated that he would forward a summary note on his proposal for formal decision by the Joint Committee. The Committee noted his proposal and provisionally agreed his appointment as rapporteur pending receipt of further details.


4. Adjournment.


The Committee adjourned at 5.15 pm sine die.


_______________


Sean Ardagh TD


Chairman


January 2005


Meeting 16 February 2005

Minutes of Proceedings

1. Attendance:


Deputies: Sean Ardagh (in the Chair), Joe Costello, Maire Hoctor, Finian McGrath, Gerard Murphy, Sean Ó Fearghaíl, Jim O’Keeffe


Senators: Maurice Cummins, Jim Walsh.


The Committee met in private session at 5.30 p.m.


2. Barron Report on the Dublin Bombings of 1972 and 1973


The Joint Committee adopted the report of the Sub-Committee on the Barron Report on the Dublin Bombings of 1972 and 1973, and adopted that report as a final report of the Joint Committee.


The Chairman thanked all the members of the Sub-Committee for their hard work in producing the report over the previous weeks. He also thanked Senior and Junior Counsel for their comprehensive advice. It was agreed to hold a press conference immediately in the Audio Visual Room. The text of the press conference statement to be made by the Chairman was agreed.


3. Community Policing — Appointment of Rapporteur


It was agreed that Deputy Joe Costello be appointed as rapporteur to the Joint Committee on the subject of community policing, and that he will be paid €6,000 in respect of a draft report which he will prepare in due course after a proposed series of meetings with interested parties.


4. Adjournment


The Committee adjourned at 5.55 p.m. sine die.


_______________


Sean Ardagh TD


Chairman


February 2005


Meeting 23 February 2005.

Minutes of Proceedings

1. Attendance:


Deputies: S. Ardagh, J. Costello, M. Hoctor, F. McGrath, G. Murphy, C. O’Connor, D. O’Donovan, Breda Moynihan Cronin, J. O’Keeffe.


Senators: M. Cummins.


Substitutes: Senator P. Moylan for Senator Tony Kett, Senator Camillus Glynn for Senator Jim Walsh.


The Committee met in public session at 9.30am, with Deputy Gerard Murphy (Vice-Chairperson) in the chair.


(In Public Session)


2. Discussion with Interested Groups on the Criminal Justice Bill 2004


The Vice-Chairman welcomed the representatives of Amnesty International, Ms Fiona Crowley; the director of the Irish Council for Civil Liberties, Ms Aisling Reidy, and its senior policy officer, Ms Tanya Ward; and Ms Maria Corbett from the Children’s Rights Alliance and Irish Youth Justice Alliance. The representatives of each organisation made presentations which were followed by questions from committee members. Deputy Sean Ardagh took the chair at 10.10 am.


The Chairman next welcomed representatives of the National Association of Regional Games Councils (NARGC), Mr. Des Crofton, director, and Mr. Michael O’Keeffe, chairman. Mr. O’Keeffe and Mr. Crofton made a presentation to the Committee, and then answered questions from the members.


The Joint Committee went into private session at 11.35 a.m.


(In Private session)


3. Travel.


4. EU scrutiny.


The Committee noted EU proposal COM (2004) 835, a proposal for a Regulation concerning the Visa Information System (VIS) and the exchange of data between Member States on short stay visas, which had been referred to it by the Sub-Committee on EU scrutiny of the Joint Committee on European Affairs for information only.


5. Community Policing Hearings.


There was a brief discussion on the forthcoming hearings on community policing. The Committee noted that an advertisement had been placed in the Irish Times, Irish Independent and Examiner newspapers. It was agreed that an additional advertisement would be placed in the Irish language newspaper, Foinse. The Committee also decided to place the advertisement on the Oireachtas website.


It was agreed to circulate submissions received on foot of the advertisement to a researcher (Mr. Johnny Connolly) engaged by the Rapporteur on community policing appointed by the Committee, Deputy Joe Costello. It was agreed that Deputy Costello would in due course after the hearings present a draft report to the Committee which could then decide to incorporate his report into a final report of the Joint Committee.


6. Agreement on subject matter of next meeting.


It was agreed to invite in the Human Rights Commission to discuss its observations on the Criminal Justice Bill at the next meeting to be held on Wednesday 2nd March 2005.


7. Invitation extended by Minister for Justice, Equality and Law Reform.


The Chairman reminded members of an invitation which had been extended to the Committee by the Minister for Justice, Equality and Law Reform to travel to the UK to examine a reserve police force in operation. There was a brief discussion on an appropriate date for the visit. It was agreed to travel on 22nd April.


8. Submissions on the Disability Bill.


It was confirmed that the Secretariat was in contact with the Disability section of the Department of Justice, Equality and Law Reform concerning the submissions which had been received by this Committee and by the Department on the Disability Bill, and that any additional submissions received from the Department would be circulated to members.


9. Adjournment.


The meeting was adjourned at 11.46 am until 9.30 am on Wednesday 2nd March 2005.


_________________


Sean Ardagh TD


Chairperson


February 2005


Meeting Tuesday 1 March 2005.

Minutes of Proceedings

1. Attendance:


Deputies: Seán Ardagh (in the Chair), Joe Costello, Máire Hoctor, Finian McGrath, Charlie O’Connor, Seán Ó Fearghaíl, Jim O’Keeffe and Peter Power


Senators: Maurice Cummins


Substitutes: Senator Paul Coughlan for Senator Joanna Tuffy, Senator Camillus Glynn for Senator Maurice Cummins for part of the meeting, and Deputy Joe Callanan for Deputy Máire Hoctor for part of the meeting.


The Committee met in public session at 2.30pm


2. Discussion on Fireworks Policy


The Chairman welcomed Mr. Tom Lynch, principal officer in the crime division of the Department of Justice, Equality and Law Reform and his colleague, Mr. Joe Coates, Chief Government Inspector for explosives in the crime division of the Department. Mr Lynch made a presentation to the Committee on a consultation document which had been circulated to the members concerning a review of current policy and legislation on fireworks, and proposals and options for change. This was followed by a question and answer session with members, in which Mr. Coates also participated.


The discussion concluded with an agreement being reached by the Committee to form a small working group comprising the principal spokespersons, convenors, Chairman and Vice Chairman, which would consider progress made on the review of fireworks policy and legislation and hold further detailed discussions with Mr. Lynch and Mr. Coates. Deputy Ardagh thanked the invitees for attending the meeting and for providing a comprehensive presentation.


The Committee went into private session at 4.00 p.m.


(Private Session)


3. Any Other Business


The following matters were discussed in private session


Community Policing — the hearing dates were agreed for 22, 23 and 24th March


Visit to London — the Chairman updated the Committee on the learning visit from 22nd April to 24th April on a) reserve police forces and b) community policing


Disability Bill — submissions continue to be received and circulated


Hungarian Delegation — a delegation from the Justice Committee of the Hungarian Parliament is visiting on 2nd March for a meeting and lunch.


4. Adjournment


The meeting was adjourned at 4.10 p.m. until 9.30am on 2nd March.


_____________


Sean Ardagh TD


Chairman


March 2005


Meeting Wednesday 2 March 2005.

Minutes of Proceedings

1. Attendance:


Deputies: Sean Ardagh (Chairman), Joe Costello, Maire Hoctor, Finian McGrath, Breda Moynihan-Cronin, Gerard Murphy, Charlie O’Connor, Jim O’Keeffe, Peter Power


Senators: Maurice Cummins, Jim Walsh.


In Attendance: Deputy Aengus Ó Snodaigh and Senator Ann Ormonde


Substitutes: Senator Terry Leyden, for Senator Tony Kett for part of the meeting.


The Committee met in public session at 9.35am.


2. Discussion with Human Rights Commission on the Criminal Justice Bill 2004 and the Garda Siochána Bill 2004.


The Chairman welcomed Dr. Maurice Manning, President of the Human Rights Commission, Professor William Binchy, a member of the commission, and Ms Róisín Hennessy, the assistant legislation and policy review officer of the commission. He invited Dr. Manning to make an opening statement. Dr Manning stated that under the legislation establishing the Human Rights Commission, the Department of Justice, Equality and Law Reform was the Commission’s sponsoring Department. He stated that while the Department and the Minister had respected the independence of the Commission since its foundation, much legislation originated in the Department. He was of the view that there might be a perception among the general public that the independence of the Commission was not as complete as the legislation required. The Commission wished to be accountable to the Houses of the Oireachtas, in a manner similar to the accountability of the Ombudsman. It had approached the Government to explore the possibility of creating an organic link between the Commission and the Oireachtas such that the Commission would have a continuing role in scrutinising legislation for the benefit of Oireachtas committees, since such activity was part of the remit of the Commission. In that regard, the Commission had asked the Government whether it would be possible to change legislation to this effect. Dr Manning reported to the Committee that he understood that neither the Government nor the Department had any objection in principle. However, the Commission was at a loss in the current situation, and was seeking a meeting with the Committee at a later date to discuss whether steps could be taken to change the legislation, since such an initiative would have to come from the Oireachtas. Dr. Manning was of the opinion that for the Commission to be accountable to the Houses of the Oireachtas would be to its benefit and also to that of the Committee.


Deputy Jim O’Keeffe suggested that the Committee put the proposal by the Commission on the agenda of the Committee for discussion or indicate approval in principle and consider how it might encourage its implementation as soon as possible. Deputies Joe Costello and Finian McGrath both indicated their support for the suggestion and the Committee agreed a proposal by the Chairman that the Committee would discuss the matter further with the Commission and hold a meeting with the Minister for Justice, Equality and Law Reform on the position of the Commission and its connection with Government and Parliament. This would enable all those concerned to arrive at a considered view on the best way forward. Dr. Manning thanked the Chairman.


There followed a presentation by Professor William Binchy, a member of the Commission, in which he outlined the concerns of the Commission with regard to the Garda Síochána Bill, 2004 and the Criminal Justice Bill, 2004. He focused his remarks on what he described as the four most important areas of the legislation, namely, search warrants, detention period, taking swabs from a suspected person and inconsistent statements. The presentation was followed by a question and answer session with the members.


The Chairman thanked Professor Binchy for his presentation. In expressing thanks to all the invitees for attending the meeting, he stated that the members had received a comprehensive written submission from the Human Rights Commission, and that the meeting had provided an opportunity to pinpoint the most important aspects of the legislation from the perspective of the Commission. He informed the invitees that the Committee was holding an important series of hearings on the issue of community policing, particularly with regard to the Garda Síochána Bill and the section concerning the interaction of local authorities and community policing. He expressed the hope that the two interests would work together peacefully and effectively. The Chairman also reiterated an invitation to the Human Rights Commission to attend the hearings.


The Joint Committee went into private session at 10.26 a.m.


3. Suspension


The Committee suspended at 10.30 a.m. until 5.15 p.m.


___________________


The Committee resumed in public session at 5.15 pm.


4. Discussion with visiting Hungarian Parliamentary Delegation.


The Chairman welcomed the visiting delegation from the Hungarian Parliament constitutional and judicial affairs committee, together with His Excellency, Dr. Janos Balassa, the Hungarian Ambassador to Ireland and other representatives from the Hungarian Embassy. After introducing the members of the Committee, he made a few opening remarks and invited the leader of the delegation to make an opening statement.


Mr. Pal Vastagh, leader of the visiting delegation and a former Minister for Justice introduced the members of the delegation:-


Dr. Katalin Devanszkine Molnar, a member of the Socialist Party and the Government coalition,


Dr. Gabor Fodor, vice chairman of the committee and a member of the Alliance of Free Democrats and the Government coalition,


Dr. Laszlo Salamon, a member of the Civic Union, the conservative party,


Dr. Anett Borbely, legal adviser and clerk of the committee, and


Dr. Rita Nagy, assistant to the committee,


and accompanied by His Excellency, Dr. Janos Balassa, the Hungarian Ambassador to Ireland.


There followed a discussion on the respective role and function of each Committee, and on the legal, civil and criminal justice systems in Ireland and Hungary. Details were also exchanged on the relationship between the Executive and Parliament, and on Justice and home affairs matters at EU level. The debate also touched on equality, immigration, racism, minority rights, proceeds of crime, crime prevention and policing matters.


On the question of the experience of ethnic Hungarians in the countries bordering Hungary, Dr. Fodor raised the matter of the human rights of Hungarian minorities in Serbia —Montenegro, where Hungarians were experiencing much difficulty, including attacks on them. He stated that the delegation would welcome the possibility of the Irish Government or its representatives raising the matter at the appropriate forum.


The meeting concluded with closing remarks by the leader of the delegation and the Chairman. Dr. Fodor extended an invitation by the Hungarian Committee to the Committee to visit Hungary, in order to continue the interesting and useful dialogue which had been held. Thanks were extended by the Chairman on behalf of the Committee.


5. Adjournment.


The Joint Committee adjourned at 6.35 p.m. sine die.


________________


Sean Ardagh TD


Chairman


March, 2005


Meeting 9 March 2005.

Minutes of Proceedings

1. Attendance:


Deputies: Sean Ardagh, Joe Costello, Maire Hoctor, Finian McGrath, Gerard Murphy, Charlie O’Connor, Jim O Keeffe, Peter Power


Senators: Maurice Cummins, Jim Walsh


In attendance: Aengus O Snodaigh


The Committee met in private session at 9.30am. The meeting then went into public session at 9.45am.


2. Hearings on Community Policing (Day 1)


The Chairperson welcomed the delegations to the meeting. He outlined that this is the first of a series of hearings on community policing which will take place over five days. The context of the decision of the joint committee to embark on these hearings is the engagement of members in ongoing work on the development of the criminal justice system. The committee has appointed Deputy Joe Costello as rapporteur in examining how best to approach the establishment nationally of a workable, flexible model for community policing.


The Chairman confirmed that the joint committee invited written submissions on community policing from the general public and all interested parties and issued invitations to parties to discuss the issues involved with representatives of the main players in community policing, the criminal justice system and the community and business sectors. All verbal and written submissions will be noted and taken into account in the compiling of a report on the matter by the committee.


The Chairman welcomed the representatives of the following groups:


National Council on Ageing and Older People: Councillor Eibhlin Byrne - Chairperson


National Crime Council: Mr. Padraic A. White, Chairman, Mr. Philip Maguire, Mrs. Rosemary Tierney, Ms. Lillian McGovern, Ms. Mary Burke, Director


Victim Support: Ms. Finola Minch - Administrator


Irish Senior Citizens Parliament: Mr. Michael O’Halloran — Chief Executive Officer


National Consultative Committee on Racism and Interculturalism: Mr. Philip Watt — Director, Ms. Anna Visser - Research and Policy Officer


Northern Ireland Policing Board: Mr Denis Bradley - Vice-chairperson of the Northern Ireland Policing Board and Chairperson of The North West Alcohol Forum (NWAF).


The representatives of each organisation made presentations which were followed by questions from committee members. The Chairman thanked the invitees for attending the meeting.


The Joint Committee went into private session at 12.05 p.m.


3. Adjournment.


The meeting was adjourned at 12.15pm until 9.30 am on 10th March 2005.


_________________


Sean Ardagh TD


Chairperson


March 2005


Meeting 10 March 2005.

Minutes of Proceedings

1. Attendance:


Deputies: Sean Ardagh (Chairman), Joe Costello, Maire Hoctor, Finian McGrath, Gerard Murphy, Charlie O’Connor, Tony Dempsey (for Peter Power)


Senators: Maurice Cummins, Jim Walsh


The Committee met in public session at 9.30am.


2. Hearings on Community Policing (Day 2)


The Chairperson outlined that this is the second day of a series of hearings on community policing which will take place over five days. The context of the decision of the joint committee to embark on these hearings is the engagement of members in ongoing work on the development of the criminal justice system. The committee has appointed Deputy Joe Costello as rapporteur in examining how best to approach the establishment nationally of a workable, flexible model for community policing.


The Chairman welcomed the following representatives


Mr. Michael McDowell T.D. - Minister for Justice, Equality and Law Reform


Mr. Noel Conroy - Commissioner of An Garda Síochana, Assistant Commissioner Patrick Crummey, Chief Superintendent Michael Feehan.


Mr. Noel Ahern T.D., Minister of State


Probation Service: Mr. David O Donovan, Deputy Principal Probation and Welfare Officer, Mr. Séan Moriarty, Mr. Brian Dack.


The representatives made presentations which were followed by questions from committee members.


The meeting was suspended for a Dáil division at 10.53am and resumed at 11.23am.


The Chairperson thanked the representatives for taking the time to make submissions and attend the Committee.


3. Adjournment.


The meeting was adjourned at 12.40pm sine die.


_________________


Sean Ardagh TD


Chairperson


March 2005


Meeting 22 March 2005

Minutes of Proceedings

1. Attendance:


Deputies: Sean Ardagh, Joe Costello, Maire Hoctor, Finian McGrath, Gerard Murphy, Charlie O’Connor, Denis O Donovan, Sean O Fearghaíl, Jim O Keeffe, Peter Power


Senators: Maurice Cummins, Joanna Tuffy, Jim Walsh, Terry Leyden (for Tony Kett)


In attendance: Deputy Aengus O Snodaigh, Senators James Bannon, Timmy Dooley, Camillus Glynn, Ann Ormonde


The Committee met in public session at 2.30pm.


2. Hearings on Community Policing (Day 3)


The Chairman welcomed the representatives of the following groups


Local Authority Members’ Association: Cllr Kevin Sheahan, General Secretary, Cllr Cáit Keane, Executive, Cllr Sinead Guckian, Vice-Chairperson, Cllr Pat Hayes, Joint Treasurer


The Association of Municipal Authorities: Cllr Sean Connick, President, Mr Tom Ryan, Director, Cllr Denis Landy, Cllr Paul Bradley, Cllr Patricia McCarthy, Cllr Mark Dalton


The County and City Managers’ Association: Mr. John Fitzgerald, Dublin City Manager, Ms. Martina Moloney, County Manager in Louth, Mr. Des Mahon, County Manager in Mayo and Chairman of the County & City Managers Association


The Lord Mayor’s Commission: Lord Mayor, Cllr. Michael Conaghan, Dr. Barry Vaughan, Cllr. Christy Burke, Cllr. Eibhlin Byrne, Cllr. Mary Murphy, Cllr Bronwen Maher, Cllr. Wendy Hederman, Mr Philip Maguire, Asst City Manager


The Confederation of European Councillors: Mr. John Devaney, Director, Cllr Bertie Montgomery, Chairperson, Cllr Cait Keane


Community Alert: Mr. Liam Kelly, National Co-ordinator, Mr Sean Hegarty, Muintir Na Tire, Mr Jack Roche, Chairman, Ms Maura Walsh, Manager of Integrated Rural Development, Duhallow.


The representatives of each organisation made presentations which were followed by questions from committee members. The Chairman thanked the invitees for attending the meeting.


3. Adjournment.


The meeting was adjourned at 6.05pm until 9.30 am on 23rd March 2005.


_________________


Sean Ardagh TD


Chairperson


March 2005


Meeting 23 March 2005.

Minutes of Proceedings

1. Attendance:


Deputies: Sean Ardagh (Chairman), Joe Callanan*, Joe Costello, Maire Hoctor, Finian McGrath, Breda Moynihan-Cronin, Gerard Murphy, Charlie O’Connor, Jim O Keeffe, Peter Power


Senators: Maurice Cummins, Michael Brennan*


In attendance: Senators Cyprian Brady, Terry Leyden, Pat Moylan


* In substitution for Deputy S O Fearghaíl and Senator J Walsh respectively.


The Committee met in private session at 9.30am. The meeting then went into public session at 9.45am.


2. Hearings on Community Policing (Day 4)


The Chairman welcomed the representatives of the following groups


Rialto Community Network - Ms Brenda O Neill, Mr Tony MacCarthaigh


Irish Council for Civil Liberties — Ms Aisling Reidy, Director, Ms Tanya Ward, Research and Policy Officer


Cabra Community Policing — Mr John Fox, Mr Niall Counihan, Co-ordinator, Mr Paul Maloney, Dublin City Council


North-East Inner City CPF — Ms Marie Metalfe, Co-ordinator, Ms Sheila Leech, Administrator, Mr Fergus McCabe, Mr Peter O Connor, Ms Una Shaw, Mr Donal Barron, Dublin City Council


Drugs Task Forces — Mr David Connolly, Ballyfermot, Mr Philip Keegan, Blanchardstown, Mr Joe Doyle, Mr Joey Furlong, Finglas-Cabra, Mr Mel


MacGiobuin, Ms Bernie Howard, Ms Paula Johnston


Dr. Dermot Walsh, University of Limerick.


General Council of County Councils — Cllr William Carey, Cllr Michael O Brien, Cllr Albert Higgins, Mr Liam Kenny, Director, Cllr Constance Hanniffy.


The representatives of each organisation made presentations which were followed by questions from committee members.


_______________________


The sitting was suspended at 11.55am and resumed at 12.15pm.


At 12.45pm Deputy Peter Power was nominated to act as temporary Chairperson. At the conclusion, the Chairperson thanked each group for taking the time to make submissions and attend the Committee.


3. Adjournment.


The meeting was adjourned at 2pm until 2.30pm on 24th March 2005.


_________________


Sean Ardagh TD


Chairperson


March 2005


Meeting 24 March 2005.

Minutes of Proceedings

1. Attendance:


Deputies: Sean Ardagh (Chairman), Joe Costello, Maire Hoctor, Finian McGrath, Gerard Murphy, Sean O Fearghaíl, Charlie O’Connor, Peter Power


Senators: Anne Ormonde (for Tony Kett)


In attendance: Aengus O Snodaigh


The Committee met in private session at 2.30pm. The meeting then went into public session at 2.40pm.


2. Hearings on Community Policing (Day 5)


The Chairman welcomed the representatives of the following groups


Nenagh Reparation Project — Ms Carolle Gleeson, co-ordinator, Ms Alice Brislane, chairperson


Chambers of Commerce of Ireland — Mr Sean Murphy, Ms Pauline Dooley


Small Firms Association — Mr Pat Delaney, Ms Avine McNally


Irish Small Medium Enterprises — Mr Robert Berney, Mr Mark Fielding, Mr Jim Curran.


The representatives of each organisation made presentations which were followed by questions from committee members. The Chairperson thanked each group for taking the time to make submissions and attend the Committee.


Deputy Costello, who is acting as Rapporteur on this matter, made some concluding remarks.


3. Adjournment.


The meeting was adjourned at 4.15pm sine die.


_________________


Sean Ardagh TD


Chairperson


March 2005


Meeting Wednesday 20th April, 2005.

Minutes of Proceedings

1. Attendance:


Deputies: Sean Ardagh (Chairman), Joe Costello, Maire Hoctor, Finian McGrath, Gerard Murphy, Breda Moynihan Cronin, Sean O Fearghaíl, Charlie O’Connor, Denis O Donovan, Jim O Keeffe, Peter Power


Senators: Senator Maurice Cummins, Joanna Tuffy


In attendance: Deputies Aengus O Snodaigh, Kathleen Lynch, Eamon Ryan, Billy Kelleher, Jim Glennon and Senators Kathleen O Meara, Mary White, Sheila Terry.


The Committee met in public session at 9.30am.


2. Presentations on Childcare issues


The Chairman welcomed the delegations (see below) to the meeting and confirmed that all verbal and written submissions will be noted and taken into account in the compiling of a report on the matter by the committee.


The following groups were in attendance


Area Development Management Ltd (ADM) — Dr Tony Crooks (Chief Executive)


Department of Justice, Equality and Law Reform - Ms. Maura Keating (Programme Manager EOCP), Ms Pauline Moreau, Principal Officer


Tallaght Childcare Group - Diane Richmond (Partas), Michael Quilligan, (Partas) and Liz Jackson (Manager)


Dublin 12 Childcare Consortium - Brian Nugent (Manager), Tricia McCann (Childcare Co-ordinator), and Mary McGuane, (Dublin City Council)


The Dublin 10 Childcare Action Group (Ballyfermot and Cherry Orchard) - Ciara Hoey (Community Development Coordinator), Amy Byrne (Coordinator LINK), Angela Copely (Manager), Linda Ratigan (Manager), Natasha McConnell — (Base Childcare)


Fingal County Childcare Committee - Ms. Michelle Butler (Childcare Co-ordinator), Ms. Hilary Kendlin (Chairperson FCCC), Ms. Geraldine O’Reilly (FCCC)


Dublin City Childcare Committee: Bernadette O’ Donoghue (Executive Chairperson), Nuala Nic Giobúin (Coordinator)


Killorglin Community Childcare Group - Geraldine Conroy, Mary O’Sullivan, Councillor John J. O’Connor


South Kerry Childcare Network - Kay 0’Mahony (Co-ordinator), Caroline Dennehy (Fossa), Marion O’Neill (Centre Manager)


Tir na nÓg Ballydesmond Ltd - Claire O’Sullivan (Director), Kay Keane (Supervisor), Mary O’Riordan (Chairperson)


Childcare Bureau, Northside Enterprise Centre, Coolock - Noreen Byrne (Director), Margaret Caul


PLANET The Partnerships Network - Michael Bowe, Chairperson, Breda Kenny, Catherine Sheehan, Denise McCormilla.


The representatives of each group/organisation made presentations which were followed by questions from committee members. The Chairman thanked the invitees for attending the meeting.


3. Adjournment.


The meeting was adjourned at 2.13pm sine die.


________________


Sean Ardagh TD


Chairperson


April 2005


Meeting Tuesday 26 April 2005

Minutes of Proceedings

1. Attendance:


Deputies: Sean Ardagh (Chairman), Joe Costello, Maire Hoctor, Gerard Murphy, Finian McGrath, Sean O Fearghaíl, Charlie O Connor, Peter Power


Senators: Tony Kett, Jim Walsh


In attendance: Deputy Aengus O Snodaigh


The Joint Committee met in private session at 5.30 p.m. The Committee suspended at 5.33 p.m. for a Dáil vote and resumed at 5.48 p.m.


In Private Session


2. Discussion on Draft Report of Joint Committee on Community Policing


The Chairperson opened the discussion by referring to the draft report on community policing which had been circulated by e-mail to the members the previous day. He thanked Deputy Joe Costello for the extensive work which he had undertaken before, during and after the hearings process on community policing and invited the Deputy to outline the approach he had adopted in preparing the draft report. Deputy Costello proceeded to make a brief presentation. There followed a discussion on the contents of the draft report and on the recommendations.


It was agreed that all typographical errors and editorial amendments which had been identified by the Secretariat and during the meeting would be incorporated into the draft report and that the Committee would meet the following day at 10.00 am in order to finalise the recommendations.


3. Adjournment.


The Committee adjourned at 7.50pm until 10.00am the following morning.


_________________


Sean Ardagh TD


Chairman


April 2005


Meeting Wednesday 27 April 2005

Minutes of Proceedings

1. Attendance:


Deputies: Sean Ardagh (Chairman), Joe Costello, Maire Hoctor, Gerard Murphy, Finian McGrath, Charlie O Connor, Peter Power


Senators: Maurice Cummins, Tony Kett, Jim Walsh


The Joint Committee met in private session in Room CR1 at 10.14 am.


In Private Session.


2. Draft Report of Joint Committee on Community Policing


The Committee resumed its consideration of the amended draft of the Report. The final Report was agreed for laying in the Library and publication by the Committee.


It was also agreed to hold a press conference at 5.30 pm in the Audio Visual Room to launch the report.


3. Recent visit to London.


Details of the recent visit to London were discussed in relation to community policing and reserve police forces.


4. Work Programme


Details of the upcoming meetings of the Joint and Select Committees were discussed.


5. Adjournment.


The meeting was adjourned at 10.53am.


_______________


Sean Ardagh TD


Chairman


April 2005


Meeting 1 June, 2005

Minutes of Proceedings

1. Attendance:


Deputies: Séan Ardagh (Chairman), Joe Costello, Maire Hoctor, Finian McGrath, Jim O Keeffe, Breeda Moynihan-Cronin, Charlie O Connor, Peter Power.


Senators: Jim Walsh.


Substitutes: Deputies Ollie Wilkinson (for Sean O Fearghaíl) and John Cregan.


The Committee met in public session at 11.22am.


2. EU Motions referred by both Houses


The Chairman welcomed the 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 by both Houses which was worded as follows:


‘‘That the proposal that Dáil Éireann approves, in accordance with Article 29.4.6 of Bunreacht na hEireann, 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 measures:


(i)Proposal for a Directive of the European Parliament and of the Council on certain aspects of mediation in civil and commercial matters, a copy of which proposed measure was laid before Dáil Éireann on 9th November, 2004


(ii)Proposal for a Regulation of the European Parliament and of the Council establishing a European Small Claims Procedure,a copy of which proposed measure was laid before Dáil Éireann on 12th April, 2005


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, 2005, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84(2) shall accordingly apply.’


with analogous wording having been used for the Seanad Motion.


The Minister made a brief presentation setting out the background to both proposals. A question and answer session followed with the Committee.


Upon the 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, subject to insertion of details regarding attendance and contributors to the discussion.


The Chairman thanked the Minister and his officials for attending the meeting.


The Committee went into private session at 12.10pm.


3. Private Session


The Committee dealt in private session with a letter from Patrick McEntee S.C., from the recently established Commission of Investigation into the Dublin and Monaghan Bombings


4. Adjournment:


The meeting was adjourned at 12.18pm sine die.


______________


Sean Ardagh TD


Chairman


June, 2005


Meeting Tuesday 28 June, 2005

Minutes of Proceedings

1. Attendance:


Deputies: Séan Ardagh, Joe Costello, Maire Hoctor, Finian McGrath, Jim O Keeffe, Breeda Moynihan-Cronin, Seán O Fearghaíl, Denis O’Donovan and Peter Power.


Senators: Maurice Cummins and Jim Walsh.


The Committee met in public session at 3.37pm.


2. Motion concerning a proposal for a Council Decision on the exchange of information and co-operation concerning terrorist offences.


Deputy Sean Ardagh (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 by both Houses to this Committee which was worded as follows:


‘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 proposal for a Council Decision on the exchange of information and co-operation concerning terrorist offences,


copies of which have been laid in draft form before Dáil Éireann on 16th June, 2005, 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 29th June, 2005, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84(2) shall accordingly apply.’


with analogous wording having been used for the Seanad Motion.


The Minister made a brief presentation detailing that the Government granted its approval on 8 June for the exercise of the option to adopt a proposed Council decision on the exchange of information and co-operation concerning terrorist offences. It also authorised the proposal of appropriate motions in both Houses of the Oireachtas seeking approval for the exercise of this option or discretion as provided for in Article 1.11 of the Treaty of Amsterdam to take part in the decision. The decision in question was proposed by the European Commission in response to Objective 3 of the European Union’s action plan against terrorism. It aims to improve efficiency in the exchange of information on terrorist offences between member states and Europol and Eurojust.


Upon the 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, subject to insertion of details regarding attendance and contributors to the discussion.


The Chairman thanked the Minister and his officials for attending the meeting. The Committee went into private session at 4.17pm.


3. Private Session


The Committee dealt with the following topics in private session.


Joint Committee Business this week


Letter of response to Justice for the Forgotten


Response to request from the Commission of Investigation on aspects of the report by the Committee on the 1974 Dublin and Monaghan bombings


Proposed visit by a delegation to China


EU Scrutiny — agreement to scrutinize specific proposals at future meeting


Meetings in July


Letter received from Northern Ireland Office


Review of Fireworks Policy.


4. Adjournment:


There being no further business, the meeting was adjourned at 4.27pm until 29th June at 9.30 am.


______________


Sean Ardagh TD


Chairman


May, 2005


Meeting Wednesday 29 June, 2005

Minutes of Proceedings

1. The Committee met in public session at 9.38am.


Attendance:


Deputies: Séan Ardagh, Joe Costello, Maire Hoctor, Finian McGrath, Jim O Keeffe, Charlie O Connor


Senators: Jim Walsh


Substitutes: Deputy Mae Sexton for Deputy Seán O Fearghaíl, Senator John Dardis for Senator Tony Kett


2. Motions re: Proposals for Decisions of the European Parliament and Council relating to the European Refugee Fund (2008 - 2013) and the European Return Fund (2008-2013) and for a Council Decision relating to the European Fund for the Integration of Third Country Nationals (2007-2013)


Deputy Sean Ardagh (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 by both Houses to this Committee which was worded as follows:


‘That the proposal that Dáil Éireann approve the exercise by the State of the option or discretion, 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 measures:


a proposal for a Decision of the European Parliament and the Council establishing the European Return Fund for the period 2008 — 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’,


a proposal for a Decision of the European Parliament and the Council establishing the European Refugee Fund for the period 2008 — 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’,


a proposal for a Council Decision establishing the European Fund for the Integration of Third-country nationals for the period 2007 — 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’,


copies of which proposed measures were laid before Dáil Éireann on 3rd June, 2005, 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 July, 2005, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84(2) shall accordingly apply,


with analogous wording having been used for the Seanad Motion.


The Minister made a brief presentation in support of the three proposals and this was followed by questions from Members. Upon the 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, subject to insertion of details regarding attendance and contributors to the discussion.


The Chairman thanked the Minister and his officials for attending the meeting.


3. Adjournment:


There being no further business, the meeting was adjourned at 10.32am sine die.


______________


Sean Ardagh TD


Chairman


May, 2005


Meeting Wednesday 27 July, 2005

Minutes of Proceedings

1. The Committee met in public session at 2.38 pm.


Attendance:


Deputies: Séan Ardagh, Joe Costello, Maire Hoctor, Finian McGrath, Jim O Keeffe, Charlie O Connor, Peter Power.


Senators: Maurice Cummins, Jim Walsh.


Substitutes: Deputies Tom Hayes, Jim Glennon and Tony Dempsey for Deputies Gerard Murphy, Sean O Fearghaíl and Denis O Donovan respectively. Senators Camillus Glynn and Michael McCarthy for Senators Tony Kett and Joanna Tuffy.


2. EU Scrutiny proposal - Com (2005) 6 Proposal for a Council Framework Decision on the fight against organised crime.


The proposal was referred to this Committee for consideration by the Sub-Committee on European Scrutiny. Members had been circulated with an updated briefing note from the Department, and the most recent text of the proposal.


The Committee heard a presentation by Ms Valerie Fallon and Ms Deirdre Meenan from the Department of Justice, Equality, Defence and Women’s Rights. The purpose of the proposal is to strengthen the capacity of the European Union and the Member States to combat transnational organised crime. The proposal will replace the EU Joint Action of 1998 on making it a criminal offence to participate in a criminal organisation in the Member States of the EU.


The presentation was followed by questions from the Members. It was agreed that a Report be prepared confirming that the Committee had considered the scrutiny proposal and that it does not require any further scrutiny at this stage.


The Department are to provide the committee with timely reports on progress made in negotiating the final version of the proposal.


The Committee went into private session at 4pm.


3. Work programme


The Committee discussed its upcoming work programme.


4. Adjournment:


The meeting was adjourned sine die at 4.08pm.


______________


Sean Ardagh TD


Chairman


July, 2005


Meeting Wednesday 7 September, 2005

Minutes of Proceedings

1. The Committee met in public session at 2.38pm.


Attendance:


Deputies: Séan Ardagh (Chairman), Joe Costello, Maire Hoctor, Finian McGrath, Jim O Keeffe, Charlie O Connor, Sean O Fearghail


Senators: Maurice Cummins, Jim Walsh


Substitutes: Deputy Tom Hayes for Deputy Gerard Murphy, Senator Pat Moylan for Senator Tony Kett.


2. Criminal Justice Bill 2004 — Amendments at Committee Stage


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 inform Members of the Minister’s intentions to make a number of additions to the Criminal Justice Bill 2004. (The Bill is currently at Second Stage and is expected to be referred to the Select Committee in the next few months).


The Minister made an initial presentation outlining the key areas where he will be proposing amendments. Further details of the new heads will be given to the Committee when they have been approved by the Cabinet. There followed statements by Committee members and then a question and answer session. The Chairman thanked the Minister and his officials for attending the meeting.


In private session


The Committee went into private session at 4.30 pm.


3. Visit by Committee to China


The Chairman confirmed that final arrangements were being made for the Committee’s fact-finding visit to China in September. A full report will be submitted to the Committee after the visit.


4. Appointment of Rapporteur


The Committee had received correspondence from Deputy Jim O Keeffe requesting that the Committee hold hearings in relation to the proposal to introduce identity cards. The Committee agreed that Deputy O Keeffe will be appointed as a rapporteur to prepare a draft report for the Committee. Further details are to be provided by Deputy O Keeffe in relation to the cost and timescale involved.


5. Correspondence


The Committee had been circulated with a number of items of correspondence during the recess. The correspondence was noted and it was agreed to consider individual items further at the next meeting on 28th September.


6. Adjournment:


The Committee adjourned at 4.38 pm until 2.30 pm on Wednesday 28th September.


______________


Sean Ardagh TD


Chairman


September, 2005


Meeting Tuesday 4 October, 2005

Draft Minutes of Proceedings


1. The Committee met in public session at 2.40 pm.


Attendance:


Deputies: Séan Ardagh, Joe Costello, Maire Hoctor, Finian McGrath, Sean O Fearghaíl, Jim O Keeffe, Charlie O Connor. Aengus O Snodaigh also attended.


Senators: Maurice Cummins, Jim Walsh.


Substitutes: Deputy Joe Callanan for Maura Hoctor (part), Senator Ciaran Phelan for Tony Kett, Senator Paul Coughlan for Maurice Cummins (part).


2. EU Motion concerning the establishment of the specific programme “Civil Justice” as part of the general programme “Fundamental Rights and Justice”


The Committee had been referred the following motion for consideration


“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:


proposal for a Decision of the European Parliament and of the Council establishing for the period 2007-2013 the specific programme ‘Civil Justice’ as part of the general programme ‘Fundamental Rights and Justice’,


a copy of which proposed measure was laid before Dáil Éireann on 1st June 2005, 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 October, 2005, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84(2) shall accordingly apply”,


with analogous wording having been used for the Seanad Motion.


The Minister made a brief presentation setting out the background to the proposed opt-in. A question and answer session followed with the Committee. Upon the 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, subject to insertion of details regarding attendance and contributors to the discussion.


The Chairman thanked the Minister and his officials for attending the meeting.


3. Adjournment:


The meeting was adjourned sine die at 3.32pm.


______________


Sean Ardagh TD


Chairman


October, 2005


Meeting Wednesday 12 October, 2005

Minutes of Proceedings

1. The Committee met in public session at 9.37am.


Attendance:


Deputies: Séan Ardagh (Chairman), Joe Costello, Maire Hoctor, Gerard Murphy, Finian McGrath, Sean O Fearghaíl, Jim O Keeffe, Charlie O Connor, Denis O Donovan, Peter Power


Senators: Terry Leyden (for Tony Kett)


In attendance: Deputies David Stanton and Aengus O Snodaigh, Senator Helen Terry


2. Presentations on Childcare


The Chairman welcomed the groups who had attended to assist the Committee in its preparation of a report on the issues relating to childcare. The Committee has appointed Deputy Jim O Keeffe to act as a rapporteur and it is expected that the Committee’s report will be published in mid-November. The following groups were in attendance


National Womens Council - Joanna McMinn (Director), Orla O Connor (Head of Policy) and Claire Dunne (Facilitator)


Department of Justice, Equality and Law Reform - Ms Sylda Langford (Assistant Secretary), Ms Moira O Mara and Dr Tony Crooks (CEO of ADM)


The representatives of each group made presentations which were followed by questions from committee members. The Chairman thanked the invitees for attending the meeting.


This meeting was suspended at 10.44am until 12noon.


__________________


The meeting resumed at 12.07pm.


On behalf of the National Economic and Social Forum, Dr Maureen Gaffney and Professor John Coolahan made a presentation on the new NESF Report on Early Childhood Care and Education (ECCE). This was followed by questions from members.


3. Adjournment:


The meeting was adjourned sine die at 1.26pm.


______________


Sean Ardagh TD


Chairman


October, 2005


Meeting Tuesday 18 October, 2005

Minutes of Proceedings

1. The Committee met in public session at 2.03 pm.


Attendance:


Deputies: Séan Ardagh (Chairman), Maire Hoctor, Finian McGrath, Jim O Keeffe, Charlie O Connor, Sean O Fearghaíl, Denis O Donovan, Peter Power


Senators: Maurice Cummins


Substitutes: Pat Moylan for Tony Kett


2. EU Scrutiny


Com (2003) 688 Proposed Decision on the European Evidence Warrant for obtaining objects, documents and data for use in proceedings in criminal matters.


The proposal was referred to this Committee for consideration by the Sub-Committee on European Scrutiny. Members had been circulated with an updated briefing note from the Department, and the most recent text of the proposal.


The Committee heard a presentation by Ms Marion Walsh, Principal Officer, Department of Justice, Equality and Law Reform. The purpose of the proposal is to apply the principle of mutual recognition to a European Evidence Warrant issued for the purpose of obtaining objects, documents and data for use in criminal matters. The Framework Decision envisages quicker, more effective judicial co-operation in criminal matters and is considered to be the first step towards replacing the existing mutual assistance regime by a single EU body of law based on mutual recognition and subject to minimum safeguards.


The presentation was followed by questions from the Members. It was agreed that a Report be prepared confirming that the Committee had considered the scrutiny proposal and that it does not require any further scrutiny at this stage.


3. EU Scrutiny


Com (2005) 280 - Proposal for a Council Regulation establishing European Agency for Fundamental Rights and Proposal for a Council Decision empowering the European Union for Fundamental Rights to pursue its activities in areas referred to in Title VI of the Treaty on European Union


The proposal was referred to this Committee for consideration by the Sub-Committee on European Scrutiny. Members had been circulated with an updated briefing note from the Department, and the most recent text of the proposal.


The Committee heard a presentation by Mr Frank Boughton, Principal Officer, Department of Justice, Equality and Law Reform. The purpose of the proposal is to extend the mandate of the European Monitoring Centre on Racism and Xenophobia (EUMC) and to convert it into a wider Fundamental Rights Agency. The intention is that the proposed Agency will be a centre of expertise on fundamental rights issues at the EU level and that it will play a major role in enhancing the coherence and consistency of EU human rights policy, and give the Union institutions and the Member States the means of fulfilling their obligation to respect fundamental rights in drawing up and implementing Union policies.


The presentation was followed by questions from the Members. It was agreed that a Report be prepared confirming that the Committee had considered the scrutiny proposal and that it does not require any further scrutiny at this stage.


4. Adjournment:


The meeting was adjourned sine die at 3.28pm.


______________


Sean Ardagh TD


Chairman


October, 2005


Meeting Wednesday 19th October, 2005

Minutes of Proceedings

1. The Committee met in public session at 9.40am.


Attendance:


Deputies: Séan Ardagh (Chairman), Joe Costello, Maire Hoctor, Finian McGrath, Sean O Fearghaíl, Jim O Keeffe, Charlie O Connor, Peter Power


Senators: Kieran Phelan (for Tony Kett)


2. Presentations on Childcare


The Chairman welcomed the groups who had attended to assist the Committee in its preparation of a report on the issues relating to childcare. The Committee has appointed Deputy Jim O Keeffe to act as a rapporteur and it is expected that the Committee’s report will be published in mid-November. The following groups were in attendance-


County Childcare Committees - Alex MacLean (Chairperson), Mary Giblin, Fionnuala Foley, Dr. Patricia Flynn, Jim Hewison (from the South and Eastern Region).


National Childrens’ Nurseries Association - Ashling Hooper (National Advisor), Martina Murphy, and Teresa Heeney.


The representatives of each group made presentations which were followed by questions from committee members. The Chairman thanked the invitees for attending the meeting.


This meeting was suspended at 10.36am until 12noon.


__________________


The meeting resumed at 12.05pm with the following groups in attendance.


Curam — Caitríona Lynch (President), Aine Uí Ghiollagáin, (Vice President)


Early Childhood Association — Irene Gunning (Chief Executive).


The representatives of each group made presentations which were followed by questions from committee members. The Chairman thanked the invitees for attending the meeting.


3. Adjournment:


The meeting was adjourned sine die at 1.08pm.


______________


Sean Ardagh TD


Chairman


October, 2005


Meeting Tuesday 25 October, 2005

Minutes of Proceedings

1. The Committee met in public session at 2.04 pm.


Attendance:


Deputies: Joe Costello, Maire Hoctor, Finian McGrath, Charlie O Connor, Sean O Fearghaíl


Senators: Maurice Cummins


Substitutes: Deputy Jim Glennon for Sean O Fearghaíl (part of meeting)


Deputy Aengus O Snodaigh also attended.


2. Election of Temporary Chairperson


In the unavoidable absence of the Chairman and Vice-Chairman, Deputy Maire Hoctor was nominated to act as Temporary Chairperson.


3. EU Scrutiny


Com (2005) 122, Com (2005) 123 and Com (2005) 124


The three proposals are part of the Justice and Home Affairs aspects of the Future Financial Perspectives for 2007-2013. The proposed Council decisions are Prevention Preparedness and Consequence Management of Terrorism, Fundamental Rights and Citizenship, Criminal Justice.


The proposals were referred to this Committee for consideration by the Sub-Committee on European Scrutiny. Members had been circulated with an updated briefing note from the Department, and the most recent text of the proposals.


The Committee heard a presentation by Ms Valerie Fallon, Mr Michael Walsh and Mr Frank Boughton, Department of Justice, Equality and Law Reform.


The presentation was followed by questions from the Members. It was agreed that a Report be prepared confirming that the Committee had considered the scrutiny proposals and that they do not require any further scrutiny at this stage.


4. EU Scrutiny


Com (2005) 317 - Proposal for a Council Decision on the improvement of police cooperation


The proposal was referred to this Committee for consideration by the Sub-Committee on European Scrutiny. Members had been circulated with an updated briefing note from the Department, and the most recent text of the proposal.


The Committee heard a presentation by Mr Fergus O Callaghan, Principal Officer, Department of Justice, Equality and Law Reform. This draft instrument is one of a series of measures which was provided for in the Hague Programme of 4 November 2004 on strengthening freedom, security and justice in the European Union. The draft Decision sets out a series of measures to improve operational cooperation between law enforcement authorities with the focus on increasing the level of cooperation at internal borders.


The presentation was followed by questions from the Members. It was agreed that a Report be prepared confirming that the Committee had considered the scrutiny proposal and that it does not require any further scrutiny at this stage


5. Adjournment:


The meeting was adjourned sine die at 3.24pm.


______________


Sean Ardagh TD


Chairman


October, 2005


Meeting (Private Session) Thursday 3 November 2005

Minutes of Proceedings

1. Attendance:


Deputies: Séan Ardagh, Joe Costello, Gerard Murphy, Finian McGrath, Jim O’Keeffe, Séan O’ Fearghaíl, Charlie O’Connor, and Peter Power.


Senators: Maurice Cummins, Jim Walsh and Joanna Tuffy.


The Committee met in private session at 11.30 am in Room CR3, LH2000.


2. Report by Justice Barron into the murder of Seamus Ludlow


The Committee considered the Report of the Independent Commission of Inquiry into the murder of Seamus Ludlow.


The Committee suspended at 12.43pm due to Dáil votes and business.


__________________________


The Committee resumed at 2.15pm.


The Committee made the following decisions-


1.to publish an Interim Report with Judge Barron’s report included as an appendix


2.to set up a Sub-Committee to consider the matter further, made up of the following members:


Deputies Sean Ardagh, Joe Costello, Maire Hoctor, Finian McGrath, Gerard Murphy, Peter Power and Senator Jim Walsh


3.to engage legal counsel


4.to hold public hearings of the sub-Committee on the matter in late January, 2006


5.to hold a press conference at 5pm in the Audio Visual Room in Leinster House 2000.


3. Adjournment:


The meeting was adjourned at 3.18pm.


______________


Sean Ardagh TD


Chairperson


November, 2005


Meeting Wednesday 9 November, 2005

Minutes of Proceedings

1. The Committee met in public session at 9.35am.


Attendance:


Deputies: Sean Ardagh (Chairman), Joe Costello, Maire Hoctor, Breda Moynihan Cronin, Gerard Murphy, Finian McGrath, Charlie O Connor, Jim O Keeffe, Sean O Fearghaíl, Peter Power


Senators: Kieran Phelan for Tony Kett


Deputy Aengus O Snodaigh also attended.


2. EU Scrutiny — Com (2004) 328


The proposal was referred to this Committee for consideration by the Sub-Committee on European Scrutiny. Com (2004) 328 is for a Council Framework decision on certain procedural rights in criminal proceedings. It follows from a Green Paper proposing common minimum standards in criminal proceedings covering 5 procedural areas.


The Committee heard a presentation by Ms Deirdre Meenan, Department of Justice, Equality and Law Reform. The presentation was followed by questions from the Members. It was agreed that a Report be prepared confirming that the Committee had considered the scrutiny proposal and it does not require any further scrutiny at this stage.


3. EU Scrutiny — Com (2004) 334


The proposal was referred to this Committee for consideration by the Sub-Committee on European Scrutiny. The matter for scrutiny is a Green Paper on the approximation, mutual recognition and enforcement of criminal sanctions in the European Union. The intention is to identify whether national differences in relation to penalties are an obstacle to achieving the objective of providing citizens with a high level of safety in an area of freedom, security and justice and whether they are obstacles to mutual recognition and judicial co-operation


The Committee heard a presentation by Ms Deirdre Meenan, Department of Justice, Equality and Law Reform. The presentation was followed by questions from the Members. It was agreed that a Report be prepared confirming that the Committee had considered the scrutiny proposal and that it does not require any further scrutiny at this stage


4. Adjournment:


The meeting was adjourned sine die at 10.27am.


______________


Sean Ardagh TD


Chairman


November, 2005


Meeting Tuesday 15 November, 2005

Minutes of Proceedings

1. The Committee met in private session at 5.13pm.


Attendance:


Deputies: Sean Ardagh (Chairman), Joe Costello, Maire Hoctor, Finian McGrath, Jim O Keeffe, Breda Moynihan Cronin, Sean O Fearghaíl, Charlie O Connor, Denis O Donovan


Senators: Jim Walsh, Terry Leyden


2. Childcare Report — Consideration of draft (in private)


The Committee had before it the draft Childcare Report prepared by Deputy O Keeffe as rapporteur for the Committee, following the recent public hearings with interested groups. The Chairman thanked Deputy O Keeffe for the extensive work which he had undertaken before, during and after the hearings process on childcare. Deputy O Keeffe outlined the approach he adopted in preparing the draft report, and the key recommendations involved.


It was agreed to make some changes to the draft and to resume consideration of the amended report the following day.


3. Adjournment:


The meeting was adjourned at 6.07pm until 9.30am the next day.


______________


Sean Ardagh TD


Chairman


November, 2005


Meeting Wednesday 16 November, 2005

Minutes of Proceedings

1. The Committee met in public session at 9.38am.


Attendance:


Deputies: Sean Ardagh (Chairman), Joe Costello, Maire Hoctor, Finian McGrath, Jim O Keeffe


Senators: Jim Walsh, Terry Leyden (for Tony Kett)


2. EU Scrutiny — 7307/05


The first proposal for scrutiny was a Council Decision on Enforcement Orders and the Transfer of Sentenced Persons between member States of the EU. The proposal was referred to this Committee for consideration by the Sub-Committee on European Scrutiny.


The Committee heard a presentation by Ms Mary Burke and Mr Tony Flynn, Department of Justice, Equality and Law Reform. The proposal seeks to impose operational cooperation in the enforcement of final custodial sentences or detention orders between Member States of the European Union through the transfer of sentenced persons to their home country.


The presentation was followed by questions from the Members. It was agreed that a Report be prepared confirming that the Committee had considered the scrutiny proposal and it does not require any further scrutiny at this stage.


3. EU Scrutiny — CL7246/03


The second proposal for scrutiny was a Council Framework Decision on the application of the double jeopardy principle.


The Committee heard a presentation by Mr Barry O Connor, Department of Justice, Equality and Law Reform. The purpose of this proposal is to provide the Member States of the EU with common legal rules in order to ensure uniformity in both interpretation and practical implementation of the principle of “ne bis in idem” (or “double jeopardy”).


The presentation was followed by questions from the Members. It was agreed that a Report be prepared confirming that the Committee had considered the scrutiny proposal and that it does not require any further scrutiny at this stage


The Committee went into private session at 10.15am.


4. Resumption of Childcare Report (in private)


The Committee resumed consideration of the draft Childcare Report prepared by Deputy O Keeffe. An amended version of the Report had been circulated. Deputy O Keeffe set out the key changes involved.


The final text of the Report was agreed for printing and publication next Tuesday 22nd November. It was also agreed to hold a press conference on 22nd November in the Audio Visual Room at 1.45pm to launch the report and to fund the cost to hire a camera crew.


5. Adjournment:


The meeting was adjourned sine die at 10.35am.


______________


Sean Ardagh TD


Chairman


November, 2005


Meeting Tuesday 22nd November, 2005

Minutes of Proceedings

1. The Committee met in public session at 2.47pm.


Attendance:


Deputies: Séan Ardagh (Chairman), Joe Costello, Maire Hoctor, Jim O Keeffe, Sean O Fearghaíl


Senators: Tony Kett, Jim Walsh


2. Motion re European Evidence Warrant


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 by both Houses to this Committee which was worded as follows:


‘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 European Evidence Warrant for obtaining objects, documents and data for use in proceedings in criminal matters,


a copy of which was laid before Dáil Éireann on 9th November, 2005, 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 29th November, 2005, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84(2) shall accordingly apply.’


with analogous wording having been used for the Seanad Motion.


The Minister made a brief presentation in support of the motion and this was followed by questions from Members. Upon the 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, subject to insertion of details regarding attendance and contributors to the discussion.


The Chairman thanked the Minister and his officials for attending the meeting.


3. Adjournment:


There being no further business, the meeting was adjourned at 3.18pm sine die.


______________


Sean Ardagh TD


Chairman


November 2005


Meeting (Private Session) 1 December 2005

Minutes of Proceedings

1. Attendance:


Deputies: Séan Ardagh, Joe Costello, Breeda Moynihan-Cronin, Séan O’ Fearghaíl


Senators: Tony Kett


The Committee met in private session at 1.34pm.


2. Report by Justice Barron into the murder of Seamus Ludlow


Members had been circulated with a proposed terms of reference for the Sub-Committee which the Committee had established to prepare its report on the murder of Seamus Ludlow. The terms of reference for the Sub-Committtee were agreed by the Joint Committee.


3. Adjournment


The meeting was adjourned at 1.38pm and the Sub-Committee held its first meeting.


_______________


Sean Argadh TD


Chairperson


December, 2005


Meeting Thursday 8 December, 2005

Minutes of Proceedings

1. The Committee met in public session at 9.33am.


Attendance:


Deputies: Sean Ardagh (Chairman), Joe Costello, Maire Hoctor, Breda Moynihan Cronin, Charlie O Connor, Jim O Keeffe


Senators: Jim Walsh, Pat Moylan (for Tony Kett)


Deputy Aengus O Snodaigh also attended.


2. EU Scrutiny — Com (2003) 199


The first proposal, Com (2003) 199, was a Directive on the right of citizens of the EU and their family members to move and reside freely within the territory of the Member States. The proposal was referred to this Committee for consideration by the Sub-Committee on European Scrutiny.


The Committee heard a presentation by Mr Paul Byrnes, Department of Justice, Equality and Law Reform. The presentation was followed by questions from the Members. It was agreed that a Report be prepared confirming that the Committee had considered the scrutiny proposal and it does not require any further scrutiny at this stage.


3. EU Scrutiny — CL 14207/04


The second proposal for scrutiny was CL 14207/04. The proposal was referred to this Committee for consideration by the Sub-Committee on European Scrutiny.


The matter for scrutiny is a proposal for a Council Framework Decision on recognition and enforcement in the EU of prohibitions arising from convictions for sexual offences committed against children.


The Committee heard a presentation by Mr Paul Murray, Department of Justice, Equality and Law Reform. The presentation was followed by questions from the Members. It was agreed that a Report be prepared confirming that the Committee had considered the scrutiny proposal and that it does not require any further scrutiny at this stage


4. Adjournment:


The meeting was adjourned sine die at 10.37am.


______________


Sean Ardagh TD


Chairman


December, 2005


Meeting Tuesday 13th December, 2005

Minutes of Proceedings

1. The Committee met in public session at 2.38pm.


Attendance:


Deputies: Sean Ardagh (Chairman), Joe Costello, Maire Hoctor, Finian McGrath, Jim O Keeffe, Sean O Fearghaíl


Senators: Tony Kett


Deputy Aengus O Snodaigh also attended.


2. Agreements on Organised Crime with Bulgaria, Cyprus and Poland


The Chairman welcomed Frank Fahey T.D., Minister of State at the Department 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 by both Houses to this Committee which was worded as follows:


That Dáil/Seanad Éireann approves the terms of the Agreement between the Government of Ireland and the Government of the Republic of Bulgaria on co-operation in combating illicit trafficking in drugs and precursors, money laundering, organised crime, trafficking in persons, terrorism and other serious crime which was signed in Dublin on the 31st day of January, 2002 a copy of which was laid before Dáil Éireann on the 21st day of February, 2002.


That Dáil/Seanad Éireann approves the terms of the Agreement between the Government of Ireland and the Government of the Republic of Cyprus on co-operation in combating illicit drug trafficking, money laundering, organised crime, trafficking in persons, terrorism and other serious crime which was signed in Dublin on the 8 March 2002 and a copy of which was laid before Dáil Éireann on 21 March 2002.


That Dáil/Seanad Éireann approves the terms of the Agreement between the Government of Ireland and the Government of the Republic of Poland on co-operation in combating organised crime and other serious crime which was signed in Warsaw on 12 May 2001 and a copy of which was laid before Dáil Éireann on 31 May, 2001.


The Minister of State made a presentation in support of the motion and this was followed by questions from Members. Upon the 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, subject to insertion of details regarding attendance and contributors to the discussion.


3. Adjournment:


The meeting was adjourned at 3.10pm sine die.


______________


Sean Ardagh TD


Chairman


December, 2005


Meeting Wednesday 14th December, 2005

Minutes of Proceedings

1. The Committee met in public session at 9.35am.


Attendance:


Deputies: Sean Ardagh (Chairman), Joe Costello, Maire Hoctor, Finian McGrath, Breeda Moynihan Cronin, Jim O Keeffe, Peter Power


Senators: Jim Walsh, Terry Leyden (for Tony Kett)


2. EU Motion on Asylum and Immigration


The Chairman welcomed the Minister Justice, Equality and Law Reform, and his officials to the meeting, the purpose of which was to consider a motion which had been referred by both Houses to this Committee which was worded as follows:


“That the proposal that Dáil Éireann approve the exercise by the State of the option or discretion, 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 Decision on the establishment of a mutual information procedure concerning Member States’ measures in the area of asylum and immigration,


a copy of which proposed measure was laid before Dáil Éireann on 14th November, 2005, 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 that 15th December, 2005, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84(2) shall accordingly apply.”


with analogous wording having been used for the Seanad Motion.


The Minister made a presentation in support of the motion and this was followed by questions from Members. Upon the 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, subject to insertion of details regarding attendance and contributors to the discussion.


3. Adjournment:


The meeting was adjourned at 10.28am sine die.


______________


Sean Ardagh TD


Chairman


December, 2005


Meeting Thursday 15th December, 2005

Minutes of Proceedings

1. The Committee met in public session at 9.34am.


Attendance:


Deputies: Séan Ardagh (Chairman), Joe Costello, Maire Hoctor, Gerard Murphy, Finian McGrath, Breeda Moynihan Cronin, Jim O Keeffe, Charlie O Connor


Senators: Terry Leyden (for Tony Kett), Kieran Phelan (for Jim Walsh)


2. Presentation by FLAC


The purpose of the meeting was to hear a presentation by the Free Legal Advice Centres on their recent report on the civil legal aid system. A presentation for FLAC was made by Ms Noeline Blackwell, Director General, Mr Paul Joyce and Ms Yvonne Woods.


This was followed by questions from Members. The Chairman thanked the representatives of FLAC for updating the Committee on their important work.


3. Adjournment:


The meeting was adjourned at 10.25am sine die.


______________


Sean Ardagh TD


Chairman


December, 2005