1. Content and Format of Report

This 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^th February, 2007 the Joint Committee agreed that all these items should be included in this annual report.

2. Functions and Powers

The 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 Membership

Deputy Seán Ardagh was elected as Chairman of the Joint Committee on 12 November 2002. Deputy Paul McGrath was elected as Vice-Chairman of the Joint Committee on 12 November 2002. Deputy Gerard Murphy replaced Deputy Paul McGrath as Vice Chairman on 9^th November 2004. The Chairman of the Joint Committee is also Chairman of the Dáil Select Committee.

Deputies Máire Hoctor and Breeda Moynihan-Cronin were the Convenors of the Committee throughout 2004, 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.

4. Establishment of Sub-Committees on Barron Reports

Standing 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.

Barron 1

The Joint Committee agreed at its meeting on 10^th December 2003 to create a Sub-Committee to consider the Report of the Independent Commission of Inquiry into the Dublin and Monaghan Bombings (Barron I). It was also agreed that the Sub-Committee would consist of 7 Members (6 Dáil and 1 Seanad). The Orders of Reference of the Sub-Committee are set out in Appendix 5. The Members of the Sub-Committee are set out in Appendix 6.

Barron 2

The Joint Committee agreed at its meeting on 17^th 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 (6 Dáil and 1 Seanad). The Orders of Reference of the Sub-Committee are set out in Appendix 7. The Members of the Sub-Committee are set out in Appendix 8.

5. Meetings, Attendance and Recording

Meetings of the Joint Committee, Select Committee and Sub-Committee(s) 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.irlgov.ie/oireachtas

Copies of other reports published by the Joint Committee may be obtained from the 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 below in Section 8.

6. Number and Duration of Meetings

The Joint Committee met on 21 occasions in the year under report. The number of hours discussion involved in these meetings was in excess of 28 hours. The date and subject matter of each meeting is set out in Appendix 2, and a summary of the Committee’s work is set out in Section 7 below.

The Dáil Select Committee met on 19 occasions in the year under report and the number of hours discussion involved in these meetings was in excess of 36 hours. The date and subject matter of each meeting is set out in Appendix 3. Legislation considered by the committee is set out at Appendix 9.

The Sub-Committee on the First Barron Report into the Dublin and Monaghan Bombings, met on 21 occasions during the year under report. The Sub-Committee met in public session on 15 occasions and the number of hours discussion involved in these meetings was in excess of 54 hours, and the Sub-Committee also met in private session on 6 occasions. Information on the Sub-Committee is set out in Section 7.3 below.

The Sub-Committee on the Second Barron Report on the Dublin Bombings of 1972 & 1973, met once in the year under report. Information on the Sub-Committee is set out in Section 7.4 below.

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 Committee

7.1 Joint Committee

On the 21 occasions the Joint Committee met, it dealt with the matters set out in the following subparagraphs. The full list of Joint Committee meetings in 2004 is set out in Appendix 2.

7.1.1 EU Motions

The Committee was referred a total of 7 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). In each case the relevant Minister attended the meetings. Subsequently having debated each matter, the Committee decided that no further debate on the matter was needed in the Houses.

7.1.2 Motions

The Committee considered the Adoptive Leave Act 1995 (Extension of periods of Leave) Order 2004, and a motion concerning the Criminal Justice (Drug Trafficking) Act 1996.

7.1.2 EU Scrutiny

The Committee published 4 reports relating to meetings which had been held in 2003 (see para 8.5 for details).

7.1.3 Legislation

The Joint Committee heard presentations by interested groups on the Disability Bill 2004.

7.1.4 Other Issues

The Committee also had meetings on the following issues:

•Discussion with members of the Intelligence Committee of the National Assembly of the Republic of Korea.

•Discussion with Minister for Justice, Equality and Law Reform, Michael McDowell T.D., on the most recent and forthcoming meetings of the Justice and Home Affairs Council.

•Discussion with representatives of the Law Reform Commission and Professor J.C.W. Wylie, Professor of Law at Cardiff University to examine the Law Reform Commission’s Report on Land Law Reform.

•The Committee also held a meeting with the National Domestic Violence Intervention Agency.

7.2 Dáil Select Committee

The full list of Select Committee meetings in 2004 are set out in Appendix 3.

7.2.1 Bills

The Committee completed 11 Bills during 2004:

•Ombudsman (Defence Forces) Bill 2002

•Tribunals of Inquiry (Evidence) (Amendment) Bill 2003

•Criminal Justice (Joint Investigation Teams) Bill 2003

•Maternity Protection (Amendment) Bill 2003

•Commissions of Investigation Bill 2003

•Proceeds of Crime (Amendment) Bill 1999

•Civil Liability and Courts Bill 2004

•Criminal Justice (Terrorist Offences) Bill 2002

•Irish Nationality and Citizenship Bill 2004

•Adoptive Leave Bill 2004

•Transfer of Execution of Sentences Bill 2003.

7.2.2 Estimates

The Committee considered all Estimates covered by the Department of Justice, Equality and Law Reform (Votes 19; 20; 21; 22; 23) and the Department of Defence (Votes 36 and 37).

7.2.3 Motions

The Select Committee also considered the following motions:

•Memorandum of Understanding with Austria on a Weapons Systems Certification Testing Programme

•Permanent Defence Force Service with EUFOR.

7.3 Sub-Committee on the Report of the Independent Commission of Inquiry into the Dublin and Monaghan Bombings (Barron I)

On the 10^th December 2003 the Joint Committee published an Interim Report on the Report of the Independent Commission of Inquiry into the Dublin and Monaghan Bombings. The “Final Report on the Report of the Independent Commission of Inquiry into the Dublin and Monaghan Bombings”, was laid before both Houses on the 31^st March 2004. The text of the reports, and the debates for the public meetings of the Sub-Committee, are available on the Oireachtas website.

7.4 Sub-Committee on the Report of the Independent Commission of Inquiry into the Dublin Bombings of 1972 and 1973 (Barron II)

On the 17^th November 2004 the Joint Committee published an Interim Report on the Report of the Independent Commission of Inquiry into the Dublin Bombings of 1972 and 1973. The “Final Report on the Report of the Independent Commission of Inquiry into the Dublin Bombings of 1972 and 1973”, was laid before both Houses on the 16^th February 2005. The text of the reports, and the debates for the public meetings of the Sub-Committee, are available on the Oireachtas website.

8. Joint Committee Reports

During 2004, 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 and Monaghan Bombings — April 2004.

•Interim Report on the Report of the Independent Commission of Inquiry into the Dublin Bombings of 1972 and 1973 — November 2004.

8.2 General Interest

•Report on a Review of the Criminal Justice System - July 2004.

8.3 Motions referred by both Houses on EU matters

8.4 Other Motions referred to the Committee

8.5 EU Scrutiny

9. Travel

The Joint Committee undertook the following travel in accordance with its Orders of Reference in connection with its work programme.

10. Functions and Powers

The 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.