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Tithe an OireachtaisAn Comhchoiste um Dhlí agus Ceart, Comhionannas, Cosaint agus Cearta na mBanTuarascáil Bhliantúil 2006Aibrean 2007Houses of the OireachtasJoint Committee on Justice, Equality, Defence and Women’s RightsAnnual Report 2006April 2007Contents
Appendices
Members of the Joint Committee
Senators
Deputy Brendan Howlin replaced Deputy Joe Costello on 18th May 2006 Deputy Kathleen Lynch replaced Breeda Moynihan-Cronin on the 18th May 2006 Deputy Niall Blaney replaced Maire Hoctor on 8th February 2007 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) (Séanad 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, and •make an annual report to both Houses. At its meeting on 4 April 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 Seán 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 Máire Hoctor and Kathleen Lynch were the Convenors of the Committee in 2006 whose function it was 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-CommitteesStanding Order 81(3) (Dáil) and Standing Order 65(3) (Séanad) 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 Séanad. Report of the Independent Commission of Inquiry into the Murder of Seamus Ludlow (Barron III)The Joint Committee agreed at its meeting on 3rd 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 (6 TDs and 1 Senator) - a list of membership is set out in Appendix 7. The Orders of Reference of the sub-Committee are set out in Appendix 6. At its first meeting the Sub-Committee elected Deputy Seán Ardagh as Chairman. The Joint Committee published an Interim Report on the 3rd November, 2005 and its final report on the 29th March, 2006. Both reports are available on the Oireachtas website. Report of the Independent Commission of Inquiry into the Bombing of Kay’s Tavern, Dundalk in 1975 (Barron IV)The Joint Committee agreed at its meeting on 5th July, 2006 to create a Sub-Committee to consider the Report of the Independent Commission of Inquiry into the Bombing of Kay’s Tavern, Dundalk in 1975 (Barron IV). It was also agreed that the Sub-Committee would consist of 7 Members (5 TDs and 2 Senators) - a list of membership is set out in Appendix 9. The Orders of Reference of the sub-Committee are set out in Appendix 8. At its first meeting the Sub-Committee elected Deputy Seán Ardagh as Chairman. The Joint Committee published an Interim Report on the 5th July, 2006 and its Final Report on the 29th November, 2006. Both reports are available on the Oireachtas website. 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. Transcripts of proceedings of the Joint Committee, the Select Committee and the Sub-Committee meetings, including attendees, in public session are available on www.oireachtas.ie on the Committee pages. 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 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 in Section 8. 6. Number and Duration of MeetingsThe Joint Committee met on 22 occasions in the year under report. The number of hours discussion involved in these meetings was in excess of 27 hours. The date and subject matter of each meeting is set out in Appendix 2. The Dáil Select Committee met on 24 occasions in the year under report and the number of hours discussion involved in these meetings was in excess of 46 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 Murder of Seamus Ludlow met on 13 occasions during the year and the number of hours discussion involved in these meetings was in excess of 29 hours. The Sub-Committee on the Report of the Independent Commission of Inquiry into the Bombing of Kay’s Tavern, Dundalk met on 9 occasions in 2006 and the number of hours discussion involved in these meetings was in excess of 17 hours. 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 22 occasions the Joint Committee met, it dealt with the matters set out in the following subparagraphs. 7.1.1 EU motions (i.e. opt-ins)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 section 8.2 for a detailed list). The relevant Minister attended at the meetings. In each case, having had a debate on the matter, the Committee made a report back to both Houses. 7.1.2 Other Motions referred to the CommitteeDuring 2006, the Joint Committee considered motions on the following: •Approval of Sectoral Plans in accordance with section 31 (6) of the Disability Act 2005 •Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations, 2006 •Sections 2, 3, 4, 5 and 6 of the Criminal Justice (Drug Trafficking) Act 1996. (See section 8.3 for a complete list of motion reports published). 7.1.3 EU ScrutinyThe Committee considered 20 EU proposals which had been referred to it by the EU Scrutiny Sub-Committee. In the year under report the Joint Committee published 9 EU Scrutiny Reports (see table at section 8.4 for details and report numbers) 7.1.4 LegislationThe Joint Committee heard presentations by interested groups on the Criminal Justice Bill 2004 and the Land and Conveyancing Law Reform Bill 2006, before the Select Committee went ahead with Committee Stage of the Bills. 7.1.5 Other IssuesThe Committee also had meetings on the following issues: •Violence against Women - The Joint Committee heard presentations from the following groups on Human Trafficking and Violence Against Women - Irish Observatory on Violence Against Women (European Women’s Lobby), Inter — congregational ad hoc Working Group on Trafficking, The Open Door Network, Ruhama, Amnesty International (Irish Section) •The Joint Committee also heard submissions from the following groups on the Criminal Justice Bill 2004 — the Children’s Right Alliance, Irish Council for Civil Liberties, Department of Justice, Equality and Law Reform, Office of the Minister for Children •Garda Reserve - In its consideration of the Draft Regulations on the Garda Reserve, the Joint Committee heard from the following parties - Department of Justice, Equality and Law Reform, Garda Representative Association, Association of Garda Sergeants and Inspectors, Association of Garda Superintendents, Association of Garda of Chief Superintendents, An Garda Síochána •During the Committee’s discussion on the Joint Policing guidelines, they heard submissions from the Department of the Environment Heritage and Local Governnment, the Gardaí and the Department of Justice Equality and Law Reform •Restorative Justice - The Committee also met on the topic of Restorative Justice and heard submissions from - Nenagh Community Reparation Project, Restorative Justice Tallaght Centre, Mr. Kieran O’Dwyer, the Probation Service, an Garda Síochána, Department of Justice Equality and Law Reform •The Committee met with the a delegation from the National Assembly of Vietnam, and Macedonia, to discuss issues of mutual concern; and •Dáil na nÓg appeared before the Committee for a discussion on relevant issues with the Members. 7.2 Dáil Select CommitteeThe full list of Select Committee meetings in 2006 is set out in Appendix 3. BillsThe Select Committee completed 6 Bills during 2006: •Criminal Law (Insanity) Bill 2002 •Registration of Deeds and Title Bill 2004 •International Criminal Court Bill 2003 •Parental Leave (Amendment) Bill 2004 •Criminal Justice Bill 2004 •Europol (Amendment) Bill 2006 EstimatesThe 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 & 37). MotionsThe Select Committee also considered a motion regarding approving the terms of the Protocol on Explosive Remnants of War, referred to as Protocol V, of the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons which may be deemed to be Excessively Injurious or to have Indiscriminate Effects, 1980. 7.3 Sub-Committee on the Report on the Independent Commission of Inquiry into the Murder of Seamus Ludlow (Barron III)On the 29th March 2006 the Joint Committee published its final Report on the Report of the Independent Commission of Inquiry into the Murder of Seamus Ludlow. 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 Bombing of Kay’s Tavern, Dundalk (Barron IV)The Committee was referred the Report of the Independent Commission of Inquiry into the bombing of Kay’s Tavern, Dundalk by both Houses on 5th July 2006. The Joint Committee then published an Interim Report. The final report of the Joint Committee was published on 29th November 2006. The text of both Reports, and the debates for the public meetings, are available on the Oireachtas website. 8. ReportsDuring 2006, the Joint Committee published the following reports: 8.1 Barron Reports•Final Report on the Report of the Independent Commission of Inquiry into the Murder of Seamus Ludlow — March 2006 •Interim Report on the Report of the Independent Commission of Inquiry into the Bombing of Kay’s Tavern, Dundalk — July 2006 •Final Report on the Report of the Independent Commission into the Bombing of Kay’s Tavern, Dundalk — November 2006. 8.2 Motions referred by both Houses on EU matters
8.3 Other Motions referred to the Committee
8.4 EU Scrutiny Reports
9. TravelThe Joint Committee undertook the following travel in accordance with its Orders of Reference in connection with its work programme.
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 4 April 2007 |
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