Committee Reports::Annual Report of the Joint Committee on Justice, Equality, Defence and Women's Rights, 2006::04 April, 2007::Appendix

1. The Committee met in private session at 2.33 p.m. in Committee Room 2, Leinster House 2000.

Seán Ardagh (Chairman), Joe Costello, Finian McGrath, Jim O’Keeffe, Charlie O’Connor, Seán O’Fearghaíl.

The Committee agreed to a proposal from Deputy Jim O’Keeffe that he undertake an assignment as rapporteur on the subject of restorative justice.

The Committee had been referred 4 motions by the Houses for consideration as set out below.

1)proposal for a Council Decision on the accession of the European Community to the Hague Conference on Private International Law

•The proposal relates to the accession of the European Community to the Hague Conference on Private International Law. The Hague Conference is an intergovernmental organisation whose primary purpose is to work for the progressive unification of the rules of private international law, mainly by facilitating the drafting and negotiation of international conventions but also by monitoring the practical operation of such conventions and by organising seminars where participating members can exchange information and knowledge.

2)proposal for a Council Regulation on the law applicable to contractual obligations (Rome 1)

•The purpose of the proposed Regulation is to transform the current Rome I Convention, which is an inter-governmental agreement, into a Community instrument and to modernise certain aspects of it.

3)proposed Council Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations —

•The proposed Council Regulation COM (2005) 649 aims to eliminate obstacles which prevent the recovery of maintenance within the European Union. The proposal seeks to enable a maintenance creditor to obtain easily, quickly and generally free of charge, an order capable of circulation and enforcement without obstacles in the European Union area of justice enabling regular payments of the amount due. Common rules are proposed in relation to jurisdiction, applicable law, recognition, enforcement, cooperation and standardised documents.

4)proposed Council Decision annexed to a Communication from the Commission regarding the procedure for adoption of matters relating to maintenance -

•The proposed Council Decision, annexed to the Commission Communication COM (2005) 648, proposes that measures relating to maintenance matters be adopted by co-decision of Council (acting by Qualified Majority Voting) and European Parliament instead of by Council (acting unanimously) in consultation with Parliament. In the event that the proposed Council Decision was adopted, the basis for the adoption of the proposed Council Regulation COM (2005) 649, and for all future matters relating to maintenance, would be Article 251 (co-decision of Council (QMV) and Parliament).

The Chairman welcomed the Minister of State at the Department of Justice, Equality and Law Reform, Frank Fahey, T.D. and his officials to this meeting. It was agreed to consider the 4 motions together. After an initial presentation by the Minister, Committee members made opening statements, and this was followed by more detailed questions on the individual motions.

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 motions. 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.

There being no further business, the meeting was adjourned sine die at 3.25 p.m.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Tuesday 28^th March, 2006

Minutes of Proceedings

1. The Committee met in public session at 2.08 p.m. in Committee Room 2, Leinster House 2000.

Seán Ardagh (Chairman), Joe Costello, Finian McGrath, Gerard Murphy, Seán O’Fearghaíl, Jim O’Keeffe, Charlie O’Connor, Peter Power. Aengus Ó Snodaigh also attended.

The Committee heard a presentation by Mr. Conor Power, Ms. Tanya Ward and Mr. John Kennedy of the Irish Council for Civil Liberties in relation to the ICCL’s views on the published amendments to the Bill. The ICCL had submitted a written paper setting out the areas they felt need to be addressed. Among the issues discussed with the Committee were the extension of Garda powers, the admissibility of certain witness statements, the taking of DNA samples, on-the-spot fines, organised crime and anti-social behaviour orders.

The Committee heard a presentation from the Irish Youth Justice Alliance, which is a coalition concerned with reforming the youth justice system. Ms. Jillian van Turnhout, CEO of the Children’s Rights Alliance, and Dr. Ursula Kilkelly, UCC Faculty of Law were the main speakers for the alliance. Among the issues discussed with the Committee were the implementation of the Children Act 2001, age of criminal responsibility, ASBOs, and amendments to the Diversion Programme.

The Chairman thanked both groups for attending and encouraged them to send any proposed amendments for the Bill to the Committee Clerk for circulation.

The Committee was joined by a number of Departmental officials led by Mr Hugh Boyle. The officials gave a detailed briefing on the new Parts being introduced to the Bill by way of amendment and Members sought clarification on elements of the existing and new provisions.

Having considered the draft Final Report by the Sub-Committee, the Joint Committee agreed the text of its Final Report on Justice Barron’s Report on the murder of Seamus Ludlow. It was also agreed that

1)the Final Report is to be printed and released on 29^th March following its laying before both Houses

2)a press conference is to be held at 4 p.m. on 29^th March in the AV Room in LH2000 to mark the launch of the Report.

There being no further business, the meeting was adjourned sine die at 4.30 p.m.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Thursday 4^th May, 2006

Minutes of Proceedings

1. The Committee met in private session at 9.34 a.m. in Committee Room 2, Leinster House 2000 to discuss various items of committee business.

Seán Ardagh (Chairman), Máire Hoctor, Brendan Howlin, Finian McGrath, Breeda Moynihan Cronin, Jim O’Keeffe and Charlie O Connor

There being no further business, the meeting was adjourned sine die at 9.57 a.m.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Tuesday 23^rd May, 2006

Minutes of Proceedings

1. The Committee met in public session at 2.05 p.m. in Committee Room 2, Leinster House 2000.

Seán Ardagh (Chairman), Máire Hoctor, Kathleen Lynch, Finian McGrath, Breeda Moynihan Cronin, Seán O’Fearghaíl, Charlie O’Connor. Deputies David Stanton and Aengus O’Snodaigh also attended.

The Committee heard a presentation by Ms. Catherine Casey, Ms. Vera O Leary and Ms. Anne Marie Foley on the work of the Open Door Network, Kerry’s Response to Violence against Women and Children. The group represents 13 NGOs who work on the ground with survivors and their families every day. The group gave a detailed presentation on the need for greater resources and services to be provided for the victims of domestic violence, including the provision of a Sexual Assault Treatment Unit in Kerry. A question and answer session followed with members of the Committee.

The Committee heard a presentation from Ms Kathleen Fahy on behalf of Ruhama, which is an agency that works with women involved in prostitution. The detailed presentation set out the need for new specific legislation against trafficking, and for increased protection and assistance for victims. It also proposed the development of a National Action Plan to co-ordinate the necessary data collection and service response.

The Committee heard a presentation from Ms. Fiona Crowley on behalf of Amnesty International. Ms Crowley also set out the need for a comprehensive statutory regime to protect victims of trafficking and assist in their recovery from this grave human rights abuse. The presentation also sought sufficient funding for non-governmental organisations active in this field.

The Chairman thanked all the groups for attending and indicated that the Committee will be following up the matters raised with the Minister for Justice, Equality and Law Reform.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Wednesday 24^th May, 2006

Minutes of Proceedings

1. The Committee met in public session at 9.40 a.m. in Committee Room 1, Leinster House 2000.

Seán Ardagh (Chairman), Joe Costello, Finian McGrath, Jim O’Keeffe, Charlie O’Connor, Seán O’Fearghaíl.

The Committee had been referred a motion by the Houses for consideration as set out below.

Draft Council Framework Decision on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union

•The purpose and objective of the proposed framework decision is to establish the rules under which Member States’ law enforcement authorities effectively and expeditiously can exchange existing information and intelligence for the purpose of conducting crime investigations or crime intelligence operations.

The Chairman welcomed the Minister for Justice, Equality and Law Reform, and his official to the meeting. After an initial presentation by the Minister, Committee members made opening statements, and this was followed by more detailed questions on the individual motion.

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 Motions. It was agreed that there should be further debate on the matter by the Houses and the draft report on the Motion was agreed, subject to insertion of details regarding attendance and contributors to the discussion.

There being no further business, the meeting was adjourned at 10.50 a.m. until 9.30 a.m. on Thursday 25^th May.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Thursday 25^th May, 2006

Minutes of Proceedings

1. The Committee met in public session at 9.36 a.m. in Committee Room 3, Leinster House 2000.

Seán Ardagh (Chairman), Kathleen Lynch, Finian McGrath, Charlie O’Connor, Jim O’Keeffe.

The Committee heard a presentation by Ms Grainne Healy, Chairwoman of the EWL Observatory on Violence against Women. Ms Healy gave a detailed presentation on the need for new specific legislation against trafficking, increased protection and assistance for victims, and the development of a National Action Plan to co-ordinate the necessary data collection and service response.

The Committee heard a presentation from Ms Maura O Donohue, Ms Sheila O Gorman and Ms Frances Robinson on behalf of the Inter-Congregational Ad Hoc Working Group Against Human Trafficking. The group also set out the need for a comprehensive statutory regime to protect victims of trafficking and assist in their recovery from abuse.

The Chairman thanked both groups for attending and indicated that the Committee will be following up the matters raised with the Minister for Justice, Equality and Law Reform.

There being no further business, the meeting was adjourned sine die at 11.05 a.m.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Tuesday 13^th June, 2006

Minutes of Proceedings

1. The Committee met in private session at 3.21 p.m. in Committee Room 2, Leinster House 2000.

Deputies: Seán Ardagh (Chairman), Máire Hoctor, Brendan Howlin, Gerald Murphy, Charlie O Connor, Seán O Fearghaíl and Peter Power. Deputy Aengus Ó’Snodaigh was also in attendance.

2. Draft Council Decision on the signing of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the surrender procedure between the member States of the European Union and Iceland and Norway (CATS 99/COPEN 58)

The Committee had been referred a motion by the Houses for consideration relating to a Draft Council Decision on the signing of an Agreement between the UEU, Iceland and Norway on surrender procedures (CATS 99/COPEN 58).

The Chairman welcomed the Minister for Justice, Equality and Law Reform, and his officials to the meeting. After an initial presentation by the Minister, Committee members made opening statements and this was followed by more detailed questions on the individual motion.

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 the Houses but that Members should be informed that agreement of the motion would create a requirement for legislation. The draft report on the Motion was agreed, subject to insertion of details regarding attendance and contributors to the discussion.

There being no further business, the meeting was adjourned at 4.10 p.m. sine die.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Tuesday 20^th June, 2006

Minutes of Proceedings

1. The Committee met in public session at 2.15 p.m. in Committee Room 1, Leinster House 2000.

Seán Ardagh (Chairman), Máire Hoctor, Brendan Howlin, Kathleen Lynch, Finian McGrath, Charlie O Connor, Seán O Fearghaíl, Jim O Keeffe, Peter Power.

The Committee had been forwarded draft Regulations on the Garda Reserve by the Minister for its observations. In addition, the meeting had also been called to facilitate the Garda representative bodies to make oral presentations to the Committee. The Chairman made an introductory statement in relation to the meeting.

The Minister for Justice, Equality and Law Reform made an opening statement to the Committee setting out the context for the draft Regulations which are being made pursuant to the Garda Siochana Act 2005. The Minister gave details of the broad consultation process undertaken with a view to finalising the proposals for the Reserve and bringing them to Government in July. After the Minister’s statement, introductory remarks were also made by Deputies Jim O Keeffe, Brendan Howlin and Aengus Ó Snodaigh.

Mr. PJ Stone, General Secretary; Mr. John Egan, President; and Mr. Chris Lee, Vice President.

On behalf of the GRA, Mr. Stone indicated to the Committee that the GRA did not want to engage in detailed discussions on the draft Regulations as they feel the appropriate mechanism to discuss the principle involved is within the forum of the Garda Conciliation Council, starting on 21^st June. He also indicated that the GRA has commissioned a report on the Reserve proposal which it expects to receive in the next 2/3 weeks. A number of members of the Committee then contributed to the discussion.

The Chairman welcomed the representatives of the AGSI - Mr. Paschal Feeney, President; Mr. Joe Dirwan, General Secretary; and Mr. John Redmond, Deputy General Secretary.

On behalf of the AGSI Mr. Feeney indicated that, like the GRA, they felt that the principle of the Garda Reserve is appropriate for discussion at Conciliation Council. Both the GRA and AGSI indicated their willingness to come back to the Committee after the Conciliation Council process.

The Chairman welcomed the representatives of the Association of Garda Superintendents, Mr. Tony Kennelly, General Secretary; Mr. Tom Neville, Vice President; Mr. Noel McLaughlin, President; Mr. Tom Commons, Treasurer; and Mr. Chris Gordon, National Executive.

Superintendent Kennelly confirmed that the Association of Garda Superintendents favour in principle the setting up of a Garda Reserve as part of a solution to enhance our capacity to respond to emerging policing needs. Superintendent Kennelly outlined some of the detailed matters his Association would like to see addressed. These areas were followed up with questions from members including the length of the training programme, an independent code of discipline, performance management, and the timeframe for the introduction of the Garda Reserve.

The Chairman welcomed the representatives of the Association of Chief Superintendents:

Mr. Michael Murphy, Chairman; Mr. Liam Quinn, General Secretary; and Mr. Louis Harkin, Assistant General Secretary.

The Committee had been circulated with a summary document forwarded by the Association. Chief Superintendent Murphy confirmed that the Association supports the principle of the Garda Reserve and will co-operate fully in its introduction. Chief Supt Murphy outlined some of the detailed matters his Association would like to see addressed. These areas were followed up with questions from members including the optimal size of the Reserve (10% approx of regular numbers), the code of discipline, health and safety, and accommodation.

The Chairman welcomed the Garda Commissioner, Mr. Noel Conroy, and his colleagues, Deputy Commissioner Fachtna Murphy and Chief Superintendent John Grogan.

The Garda Commissioner gave a brief presentation on how the draft regulations provide a positive and constructive framework for the introduction of the Garda Reserve which will add value to community-based policing in Ireland. The Commissioner then took questions from members.

The Minister for Justice, Equality and Law Reform introduced two representatives from other police forces:

2. Mr. Darrell La Fossa - Asst. Commissioner in the Royal Canadian Mounted Police,

who made brief presentations to the Committee on the operation of reserve forces in their jurisdictions. Members followed up with a number of questions.

The Minister then made some concluding remarks in reply to some of the points that had been raised during the meeting. The Chairman thanked the Minister, the Commissioner, and the four Garda representative bodies for attending the meeting to discuss the proposal.

There being no further business, the meeting was adjourned at 5.45 p.m. sine die.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Wednesday 21^st June, 2006

Minutes of Proceedings

1. The Committee met in public session at 9.38 a.m. in Committee Room 1, Leinster House 2000.

Deputies: Gerard Murphy (Vice Chairman), Máire Hoctor, Brendan Howlin, Finian McGrath, Gerard Murphy, Charlie O Connor, Peter Power.

Senators: Joanna Tuffy, Jim Walsh. Senator Terry Leyden substituted for Senator Tony Kitt.

The Committee had been forwarded draft guidelines on Joint Policing Committees by the Minister for its observations. Officials were in attendance from the Department of Justice, Equality and Law Reform, Department of Environment, Heritage and Local Government, and the Garda Siochana.

Mr. Michael Flahive, Assistant Secretary in the Department of Justice, Equality and Law Reform made an opening statement to the Committee setting out the context for the draft guidelines. This was followed up by questions by members on specific points including the need:

•to strike an appropriate balance in size and structure to maximise the effectiveness of the committees

In particular the Committee agreed that it wished to be part of the evaluation process of the pilot scheme in 2007.

The Chairman thanked the Departmental officials and the Members for attending the meeting to discuss the proposal. It was agreed that the Committee Clerk would write to the Minister on the points raised during the discussion.

There being no further business, the meeting was adjourned at 10.49 a.m. sine die.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Wednesday 5^th July 2006

Minutes of Proceedings

1. The Committee met in private session at 3.05 p.m. in Committee Room 1, Leinster House 2000.

Deputies: Seán Ardagh (Chairman), Máire Hoctor, Gerard Murphy, Finian McGrath, Kathleen Lynch, Seán O Fearghaíl, Peter Power.

2. Report of the Independent Commission of Inquiry into the Bombing of Kay’s Bar, Dundalk

3. The Report of the Independent Commission of Inquiry into the Bombing of Kay’s Bar, Dundalk

The Report was formally adopted as an Interim Report of the Joint Committee, having been proposed by Deputy Hoctor and seconded by Deputy O Fearghaíl. The Interim Report of the Joint Committee was formally agreed. It was agreed to lay the Report before the Houses and that a press conference would be held at 5.00 p.m. to launch the report. It was also agreed to make the report available immediately to victims and relatives of victims of the incidents covered in the report.

The fact of formation of the new Sub-Committee was formally announced. The Chairman confirmed that in accordance with the referral motions by Dáil Éireann and Seanad Éireann, the Sub-Committee would consider, including in public session, the report and to report back to the Joint Committee, in order that the Joint Committee could report back to the Houses of the Oireachtas by 17^th November 2006.

As part of the consideration of the report, the Committee intended that the Sub-Committee will invite submissions from interested persons and bodies and hold public hearings, in September /October 2006, with a view to producing a final report on the matter. The report would detail formal submissions received, the hearings held, and such comments, recommendations or conclusions as the Committee might decide to make, and the said report would be published.

The Chairman stated that the Joint Committee wanted to extend its sympathy to the victims and relatives of victims of the atrocities covered in the Report. He also thanked Mr Justice Henry Barron for meeting with the Joint Committee to assist it in its initial consideration of the Report.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Thursday 12^th October, 2006

Minutes of Proceedings

1. The Committee met in public session at 9.31 a.m. in Committee Room 3, Leinster House 2000.

Seán Ardagh (Chairman), Brendan Howlin, Finian McGrath, Kathleen Lynch, Charlie O Connor. Deputies David Stanton and Jimmy Devins substituted for Deputies Jim O’Keeffe and Denis O’Donovan. Deputy Aengus Ó Snodaigh was also in attendance.

Maurice Cummins, Joanna Tuffy. Senator Pat Moylan substituted for Senator Tony Kett.

2. Approval of Sectoral Plans in accordance with Section 31 (6) of the Disability Act 2005

The Committee had been referred a motion by the Houses for consideration as set out below.

“That the proposal that Dáil Éireann, in accordance with section 31 (6) of the Disability Act 2005, approves of the sectoral plans which have been prepared by the following Ministers:

copies of which were laid before Dáil Éireann on 20th July, 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 17th October, 2006, shall send a message to the Dáil in the manner prescribed in Standing Order 85, and Standing Order 84(2) shall accordingly apply.”

The Chairman welcomed the Minister of State for the Department of Justice, Equality and Law Reform, Frank Fahey TD, and his officials to the meeting. After an initial presentation by the Minister of State, Committee members made opening statements, and this was followed by more detailed questions on the individual plans.

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 further debate on the matter by the Houses and the draft report on the Motion was agreed, subject to insertion of details regarding attendance and contributors to the discussion.

There being no further business, the meeting was adjourned at 10.57 a.m. until 2.00 p.m. on Tuesday 17th October.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Tuesday 17^th October, 2006

Minutes of Proceedings

1. The Committee met in public session at 2.04 p.m. in Committee Room 3, Leinster House 2000.

Deputies: Seán Ardagh (Chairman), Máire Hoctor, Finian McGrath, Jim O’Keeffe, Seán Ó Fearghaíl, Charlie O Connor. Deputy Joe Callanan substituted for Deputy Peter Power.

Senators: Maurice Cummins, Joanna Tuffy. Senators Pat Moylan, Kieran Phelan and Paul Coghlan substituted for Senators Tony Kett, Jim Walsh and Maurice Cummins (part of meeting) respectively.

The chairman welcomed Professor John Wylie, Ms. Patricia Rickard-Clarke (Law Reform Commission) and Mr. Seamus Carroll from the Department of Justice, Equality and Law Reform. The Chairman welcomed the Honourable Mrs. Catherine McGuinness, the president of the Law Reform Commission, who was in the Visitor’s Gallery, and the representatives from the sheriff’s office.

Ms. Rickard-Clarke first explained that the Bill was a joint effort between the Law Reform Commission and the Department of Justice, Equality and Law Reform, at the request of the Government.

Professor Wylie then went on to highlight the main aims of the bill and how each is achieved. Professor Wylie explained that the Bill was designed to get rid of many obsolete laws many of which were rooted in feudal concepts introduced by the British Crown hundreds of years ago. A very comprehensive and detailed presentation followed.

A question and answer session followed with members of the Committee. The Chairman thanked the witnesses for attending.

The Joint Committee went into private session at 2.56 p.m. and adjourned at 2.59 p.m. until 11.00 a.m. on Wednesday 18^th October 2006.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Wednesday 18^th October, 2006

Minutes of Proceedings

1. The Committee met in public session at 11.06 a.m. in Committee Room 1, Leinster House 2000.

Seán Ardagh (Chairman), Máire Hoctor, Jim O Keeffe, Kathleen Lynch, Seán Ó Fearghaíl, Charlie O Connor, Peter Power

Maurice Cummins and Joanna Tuffy. Senator Pat Moylan substituted for Senator Tony Kett.

The Committee heard a presentation by Ms. Alice Brislane, Cathaoirleach of Nenagh Community Reparation Project and Ms. Carolle Gleeson, Probation Officer and Project Co-ordinator. Ms. Gleeson gave an outline of the history of the Project which started in 1999.

The Committee heard a presentation from Mr. Peter Keeley, Director and Ms. Kathryn Carolan, Casework Manager on behalf of the Restorative Justice Tallaght Centre.

A question and answer session followed the presentations by both groups with members of the Committee.

The Committee heard a presentation by Mr. Kieran O’Dwyer. Mr. O’Dwyer gave a detailed presentation on the need for new specific legislation against trafficking, increased protection and assistance for victims, and the development of a National Action Plan to co-ordinate the necessary data collection and service response.

The Chairman welcomed the members of the Garda Siochana, Assistant Commissioner Pat Crummey, Chief Superintendent Pat Cregg and Inspector Finbarr Murphy.

The Committee heard a presentation from Assistant Commissioner Pat Crummey and Inspector Finbarr Murphy.

A question and answer session followed both presentations. The Chairman thanked both groups for attending.

The meeting suspended from 1.07 p.m. to 1.50 p.m. and resumed in Committee Room 4, Leinster House 2000.

The Chairman welcomed the members of the Probation Service Mr. Michael Donnellan, Director, Mr. David O’Donovan, Deputy Director and Mr. Brian Horgan, Senior Probation Officer.

The Chairman welcomed the members of the Department of Justice, Equality and Law Reform, Mr. Seán Aylward, Secretary General and Ms. Michelle Shannon, Director of Youth Justice Service.

A question and answer session followed the presentations by both groups with members of the Committee.

There being no further business, the meeting was adjourned sine die at 2.28 p.m.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Tuesday 24 October, 2006

Minutes of Proceedings

1. The Committee met in private session at 2.02 p.m. in Committee Room 2, Leinster House 2000.

Seán Ardagh (Chairman), Máire Hoctor, Finian McGrath, Jim O’Keeffe, Seán Ó Fearghaíl, Charlie O Connor, Denis O’Donovan and Peter Power.

The Committee agreed composite reports on 21 scrutiny proposals which it had been referred.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Wednesday 15^th November 2006

Minutes of Proceedings

1. The Committee met at 3.03 p.m. in Committee Room 2, Leinster House 2000 in a joint meeting with the European Affairs Committee. The meeting was co-chaired by Deputies John Deasy and Gerard Murphy.

Gerard Murphy (Co-Chairman), Máire Hoctor, Charlie O’Connor, Seán O Fearghaíl, Jim O’Keeffe and Peter Power.

2. The Hague Programme and the proposed use of the Passerelle: Exchange of views with Mr. Michael McDowell, Tánaiste

Deputy Deasy and Deputy Murphy welcomed Mr. Michael McDowell, Tánaiste and Minister for Justice, Equality and Law Reform to the joint meeting.

The Co-Chairmen thanked the Tánaiste for forwarding a briefing note to the Committees regarding the recent European Commission Communications in relation to the review of the Hague Programme and for attending the meeting to discuss the issues raised by the Communications with both Committees.

The Tánaiste made an opening statement on Justice and Home Affairs issues facing Ireland and the European Union. This was followed by a questions and answers session with the members of both Committees.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Thursday 16^th November 2006

Minutes of Proceedings

1. The Joint Committee met at 9.36 a.m. in Committee Room 1, Leinster House 2000.

Seán Ardagh (Chairman), Máire Hoctor, Brendan Howlin, Gerard Murphy, Charlie O Connor and Jim O Keeffe.

2. Exchange of Views with a Visiting Delegation from the National Assembly of Vietnam

The Chairperson welcomed everyone to the meeting. He proceeded to extend a formal welcome to a visiting delegation from the National Assembly of Vietnam led by Mrs. Ton nu thi Ninh, Vice Chairperson of the Foreign Affairs Committee.

After introducing the delegation to the individual members of the Committee attending the meeting, the Chairperson stated that this occasion represented the first opportunity for the Committee to welcome delegates from the National Assembly of Vietnam. He stated that the members looked forward to discussing ethnic and immigration related matters with the delegation.

The Chairperson invited Mrs. Hon nu thi Ninh, leader of the delegation, to make her opening remarks. There followed an exchange of views, with contributions from members, Mrs. Ninh and the other members of the delegation. At the conclusion of the discussion, the Chairperson thanked the delegation for meeting with the Committee and wished the visitors every success in the remainder of their visit to Ireland. He stated that the Committee looked forward to continued contact with the National Assembly of Vietnam in the future.

There being no other business to conclude, the meeting was adjourned at 10.21 a.m.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Wednesday 22^nd November 2006

Minutes of Proceedings

1. The Joint Committee met in private session at 9.38 a.m. in Committee Room 1, Leinster House 2000.

Seán Ardagh (Chairman), Máire Hoctor, Gerard Murphy, Jim O Keeffe, Kathleen Lynch and Peter Power.

There being no other business to conclude, the meeting was adjourned at 10.30 a.m. until 23 November.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Thursday 23^rd November 2006

Minutes of Proceedings

1. The Committee met in public session at 9.33 a.m. in Committee Room 4, Leinster House 2000.

Seán Ardagh (Chairman), Kathleen Lynch and Gerard Murphy. Deputy Joe Callanan substituted for Deputy Máire Hoctor.

Proposal for a Council Framework Decision on the organisation and content of the exchange of information extracted from criminal records between Member States

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 Brian Lucas, Department of Justice, Equality and Law Reform. The aim of the current proposal for a Council framework decision is to thoroughly reform the systems for the exchange of information extracted from criminal records with a view to ensuring that the member state of a person’s nationality is able to respond fully to the requests made to it.

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 further scrutiny at this stage.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Wednesday 29^th November 2006

Minutes of Proceedings

1. The Joint Committee met in private session at 4.38 p.m. in Committee Room 2, Leinster House 2000.

Seán Ardagh (Chairman), Kathleen Lynch, Finian McGrath, Charlie O Connor and Sean O Fearghaíl.

2. Final Report of the Sub-Committee on the Barron Report on the bombing of Kay’s Tavern, Dundalk

There being no other business the Joint Committee adjourned at 5.04 p.m. until 12 December.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Tuesday 12^th December 2006

Minutes of Proceedings

1. The Committee met in private session at 2.05 p.m. in Committee Room 3, Leinster House 2000.

Seán Ardagh (Chairman), Máire Hoctor, Gerard Murphy, Charlie O Connor, Jim O Keeffe.

There being no further business, the meeting was adjourned at 2.48pm until 9.30am on 13 December.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Wednesday 13^th December 2006

Minutes of Proceedings

1. The Committee met in public session at 9.38 a.m. in Committee Room 1, Leinster House 2000.

The Committee had been referred 2 motions by the Houses for consideration as set out below.

The Chairman welcomed the Minister of State at the Department of Justice, Equality and Law Reform, Frank Fahey, T.D. and his officials to this meeting.

“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, 2008.”

After an initial presentation by the Minister, Committee members made opening statements, and this was followed by more detailed questions.

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.

B)Draft Regulations for the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána) (Amendment) Regulations 2006.

“The proposal that Dáil Éireann approve the draft of the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations 2006, a copy of which was laid before Dáil Éireann on 1st December, 2006.”

After an initial presentation by the Minister, Committee members made opening statements, and this was followed by more detailed questions.

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.

There being no further business, the meeting was adjourned sine die at 10.40 a.m.

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Thursday 14^th December 2006

Minutes of Proceedings

1. The Committee met in public session at 12.02 p.m. in Committee Room 3, Leinster House 2000.

Seán Ardagh (Chairman), Máire Hoctor, Kathleen Lynch, Finian McGrath, Seán O Fearghaíl, Jim O Keeffe.

The Committee heard a presentation by a delegation from the steering committee of Dáil na nÓg. Dáil na nÓg is the National Youth Parliament which is organised by the National Youth Council of Ireland (NYCI) on behalf of the Office of the Minister for Children. The delegation gave a detailed presentation on facilities for young people, and migration and interculturalism. A question and answer session followed with members of the Committee.

There being no further business, the meeting was adjourned at 1.03 p.m. until 2.30 p.m. on 17 January 2007.

APPENDIX 4

Minutes of Proceedings of the Joint Committee

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Tuesday 28th February, 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Tuesday 28th March, 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Thursday 4th May, 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Tuesday 23rd May, 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Wednesday 24th May, 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Thursday 25th May, 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Tuesday 13th June, 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Tuesday 20th June, 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Wednesday 21st June, 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Wednesday 5th July 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Thursday 12th October, 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Tuesday 17th October, 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Wednesday 18th October, 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Tuesday 24 October, 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Wednesday 15th November 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Thursday 16th November 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Wednesday 22nd November 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Thursday 23rd November 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Wednesday 29th November 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Tuesday 12th December 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Wednesday 13th December 2006

Minutes of Proceedings

Joint Committee on Justice, Equality, Defence and Women’s Rights

Meeting Thursday 14th December 2006

Minutes of Proceedings

Meeting Tuesday 28^th March, 2006

Meeting Thursday 4^th May, 2006

Meeting Tuesday 23^rd May, 2006

Meeting Wednesday 24^th May, 2006

Meeting Thursday 25^th May, 2006

Meeting Tuesday 13^th June, 2006

Meeting Tuesday 20^th June, 2006

Meeting Wednesday 21^st June, 2006

Meeting Wednesday 5^th July 2006

Meeting Thursday 12^th October, 2006

Meeting Tuesday 17^th October, 2006

Meeting Wednesday 18^th October, 2006

Meeting Wednesday 15^th November 2006

Meeting Thursday 16^th November 2006

Meeting Wednesday 22^nd November 2006

Meeting Thursday 23^rd November 2006

Meeting Wednesday 29^th November 2006

Meeting Tuesday 12^th December 2006

Meeting Wednesday 13^th December 2006

Meeting Thursday 14^th December 2006