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Tithe an OireachtaisAn Comhchoiste um Dhlí agus Ceart, Comhionannas, Cosaint agus Cearta na mBanTuarascáil Bhliantúil 2005February 2007Houses of the OireachtasJoint Committee On Justice, Equality, Defence and Women’s RightsAnnual Report 2005February 2007(Prn. A7/0345)
Tithe an OireachtaisAn Comhchoiste um Dhlí agus Ceart, Comhionannas, Cosaint agus Cearta na mBanTuarascáil Bhliantúil 2005February 2007Houses of the OireachtasJoint Committee On Justice, Equality, Defence and Women’s RightsAnnual Report 2005February 2007Contents
Members of the Joint Committee 2007
Senators
*Gerard Murphy T.D. replaced Paul McGrath T.D. as Committee member on 20th October 2004. He replaced Paul McGrath T.D. as Vice-Chairman on 9th November 2004 *Niall Blaney TD replaced Máire Hoctor TD on 8th February 2007 *Jim O’Keeffe T.D. replaced Dinny Mc Ginley on 20th October 2004 *Brendan Howlin TD replaced Joe Costello TD on 18th May 2006 *Kathleen Lynch TD replaced Breeda Moynihan-Cronin TD on 18th May 2006 *Senator Maurice Cummins replaced Senator Sheila Terry on 20th October 2004 1. Content and Format of ReportThis report has been prepared pursuant to Standing Order 84 (3), (4), (5) and (6) (Dáil Éireann) and Standing Order 69 (3), (4), (5) and (6) (Seanad Éireann) which provide for the Joint Committee to- •undertake a review of its procedure and its role generally •lay minutes of its proceedings before both Houses •make an annual report to both Houses. At its meeting on 14 February 2007, the Joint Committee agreed that all these items should be included in this annual report. 2. Functions and PowersThe Dáil Select Committee was established by Order of Dáil Éireann of 16 October 2002 to consider Bills, Estimates for Public Services and the terms of any international agreement involving a charge on public funds which come within the aegis of the Department of Justice, Equality and Law Reform and the Department of Defence. The Dáil Select Committee under the same Order was enjoined with a Select Committee of Seanad Éireann, established by Order of Seanad Éireann of 17 October 2002, to form the Joint Committee on Joint Committee on Justice, Equality, Defence and Women’s Rights. Among the principal functions of the Joint Committee are to consider — •public affairs administered by the Departments of Justice, Equality and Law Reform, and Defence •matters of policy for which the Minister for Justice, Equality and Law Reform and the Minister for Defence is responsible •women’s rights generally •strategy statements of the Departments •scrutiny of EU legislative proposals •Statutory Instruments made by both Ministers •certain matters relating to bodies under the aegis of the Departments, including policy issues and annual reports. The Orders of Reference of the Dáil and Seanad Select Committees and the Joint Committee are set out at Appendix 1, along with their powers under Standing Orders. 3. Chairman, Vice-Chairman, Convenors and MembershipDeputy Sean Ardagh was elected as Chairman of the Joint Committee on 12th November 2002. Deputy Gerard Murphy was elected as Vice-Chairman of the Joint Committee on 9th November 2004. The Chairman of the Joint Committee is also Chairman of the Dáil Select Committee. Deputies Maire Hoctor and Breda Moynihan Cronin were the Convenors of the Committee throughout 2005 whose function it is to ensure the availability and attendance of Members or their substitutes for meetings of the Committee and, in particular, to ensure Members’ availability for divisions. The Members of the Joint Committee are set out at page 4. 4. Establishment of Sub-CommitteesStanding Order 81(3) (Dáil) and Standing Order 65(3) (Seanad) confer on Committees the power to appoint sub-Committees and to refer to such sub-Committees any matter covered by its orders of reference and to delegate any of its powers to such sub-Committees, including power to report directly to the Dáil and Seanad. Report on the Independent Commission of Inquiry into the Dublin Bombings of 1972 & 1973The Joint Committee agreed at its meeting on 17 November, 2004 to create a sub-Committee to consider the Report of the Independent Commission of Inquiry into the Dublin Bombings of 1972 & 1973 (Barron II). It was also agreed that the Sub-Committee would consist of 7 Members — Deputies Sean Ardagh (Chairman), Joe Costello, Máire Hoctor, Finian McGrath, Gerard Murphy, Sean O Fearghaíl and Senator Jim Walsh. At its first meeting the Sub-Committee elected Deputy Sean Ardagh as Chairman. The Joint Committee published its final report in February 2005 (see website for text). The Orders of Reference of the Sub-Committee are set out in Appendix 5. Report of the Independent Commission of Inquiry into the Murder of Seamus Ludlow (Barron III)The Joint Committee published its Interim Report on 3 November, 2005. The Committee agreed at its meeting on 3 November 2005 to create a sub-Committee to consider the Report of the Independent Commission of Inquiry into the Murder of Seamus Ludlow (Barron III). It was also agreed that the Sub-Committee would consist of 7 Members - Deputies Sean Ardagh (Chairman), Joe Costello, Máire Hoctor, Finian McGrath, Gerard Murphy, Peter Power and Senator Jim Walsh. At its first meeting the Sub-Committee elected Deputy Sean Ardagh as Chairman. The Joint Committee published its final report in March, 2006. The Orders of Reference of the Sub-Committee are set out in Appendix 6. 5. Meetings, Attendance and RecordingMeetings of the Joint Committee, Select Committee and sub-Committees took place in the Committee Rooms in Leinster House 2000. Meetings were in public unless otherwise ordered by the Committee. Televised coverage of public meetings of the Committee was broadcast live within the Leinster House complex and was available for subsequent public broadcasting by RTE and TV3. An Official Report (Parliamentary Debates) of the public meetings of the Committees is published and may be purchased from the Government Publications Sales Office, Sun Alliance House, Molesworth Street, Dublin 2. The Official Reports may also be viewed on the Houses of the Oireachtas website at www.oireachtas.ie Copies of other reports published by the Joint Committee may be obtained from the Committee Clerk, Joint Committee on Justice, Equality, Defence and Women’s Rights, Kildare House, Kildare Street, Dublin 2. A list of these reports is set out at Section 8. 6. Number and Duration of MeetingsThe Joint Committee met on 33 occasions in the year under report. The number of hours of discussion involved in these meetings was in excess of 56 hours. The date and subject matter of each meeting is set out in Appendix 2. The Dáil Select Committee met on 18 occasions in the year under report and the number of hours of discussion involved in these meetings was in excess of 44 hours. The date and subject matter of each meeting is set out in Appendix 3. The Sub-Committee on the Report on the Independent Commission of Inquiry into the Dublin Bombings of 1972 & 1973 met on 12 occasions during the year and the number of hours of discussion involved in these meetings was in excess of 20 hours. The Sub-Committee on the Report of the Independent Commission of Inquiry into the Murder of Seamus Ludlow (Barron III) met on 1 occasion in 2005 and the meetings continued into 2006. Transcripts of proceedings of the Joint Committee, the Select Committee and the sub-Committee meetings in public session are available on www.oireachtas.ie on the Committee pages. 7. Work of the Committee7.1 Joint CommitteeOn the 33 occasions the Joint Committee met, it dealt with the matters set out in the following subparagraphs. The full transcript of each public meeting is available on the Oireachtas website. 7.1.1 EU motions (ie opt-ins)The Committee was referred a total of 8 motions by the Houses for detailed consideration of whether Ireland should take part in the EU measures involved (see paragraph 8.3 for a detailed list). The relevant Minister attended at the meetings. In each case, having had a debate on the matter, the Committee decided that no further debate on the matter was needed in the Houses. 7.1.2 EU ScrutinyThe Committee considered 11 EU proposals which had been referred to it by the EU Scrutiny Sub-Committee (see table at 8.4 for details). 7.1.3 LegislationThe Joint Committee heard presentations by interested groups on the following Bills before it went ahead with Committee Stage of the Bills ▪Criminal Justice Bill 2004 ▪Garda Siochana Bill 2004. The Committee also had a preliminary discussion with the Minister for Justice, Equality and Law Reform on 7 September regarding his proposed amendments to the Criminal Justice Bill 2004. 7.1.4 Reports by Rapporteurs(1) Community Policing - Deputy Joe Costello prepared a draft report on Community Policing for discussion by the Committee. As part of the process the Committee heard presentations by interested groups at 5 public meetings. The Final Report by the Joint Committee was published in April, 2005 (see website for Report text). (2) Childcare — Deputy Jim O Keeffe prepared a draft report on Childcare for discussion by the Committee. As part of the process the Committee heard presentations by interested groups at 3 public meetings. The Final Report by the Joint Committee was published in November, 2005 (see website for Report text). 7.1.5 Other IssuesThe Committee also had meetings on the following issues ▪discussion with Department of Justice, Equality and Law Reform on fireworks policy ▪meeting with Hungarian constitutional and judicial affairs committee ▪the Committee’s work programme for 2005 ▪discussion with FLAC on their report on the civil legal aid system. 7.2 Dáil Select CommitteeThe full list of Select Committee meetings in 2005 is set out in Appendix 4. BillsThe Committee completed 3 Bills during 2005 ▪Garda Siochana Bill 2004 [Seanad] ▪Disability Bill 2004 ▪International Criminal Court Bill 2003. EstimatesThe Committee considered all Estimates covered by the Department of Justice, Equality and Law Reform (Votes 19-23) and the Department of Defence (Votes 36-37). MotionsThe Select Committee also considered a motion regarding Section 4 of the Defence (Amendment) Act 1993. 7.3 Sub-Committee on the Report on the Independent Commission of Inquiry into the Dublin Bombings of 1972 & 1973 (Barron II)On 16th February 2005 the Joint Committee published its final Report on the Report of the Independent Commission of Inquiry into the Dublin Bombings of 1972 and 1973. The text of the Report, and the debates for the public meetings, are available on the Oireachtas website. 7.4 Sub-Committee on the Report on the Independent Commission of Inquiry into the Murder of Seamus Ludlow (Barron III)The Committee was referred the Report of the Independent Commission of Inquiry into the murder of Seamus Ludlow by both Houses on 3rd November, 2005. The Committee made the following decisions: 1.to publish an Interim Report with Judge Barron’s report included as an appendix (see website for text of Interim Report) 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 seek written submissions from interested parties through public advertisements 4.to hold public hearings of the sub-Committee on the matter in late January, 2006. 8. Joint Committee ReportsDuring 2005, the Joint Committee published the following reports: 8.1 Barron Reports•Final Report on the Report of the Independent Commission of Inquiry into the Dublin Bombings of 1972 & 1973 - February 2005 •Interim Report on the Report of the Independent Commission of Inquiry into the Murder of Seamus Ludlow — November 2005. 8.2 General Interest•Community Policing - April 2005 •Childcare - November 2005. 8.3 Motions referred by both Houses on EU matters
8.4 EU Scrutiny Reports
The transcripts of all these meetings are available on www.oireachtas.ie 9. TravelThe Joint Committee undertook the following travel in connection with its work programme, in particular research into criminal law reform and community policing (on which the Committee published a report in April 2005).
10.Functions and PowersThe Joint Committee is currently satisfied with its present procedures and role. It has no plans to request changes to its Orders of Reference in 2007.
______________________________________ Seán Ardagh, T.D., Chairman of the Joint Committee on Justice, Equality, Defence and Women’s Rights. 14 February 2007. |
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