Committee Reports::Report No. 8 - Interim Report on Under-Claiming of Tax Credits, Allowances and Relief by Taxpayers::04 April, 2007::Report


Tithe an Oireachtais

An Comhchoiste um Dhlí agus Ceart, Comhionannas, Cosaint agus Cearta na mBan

Tuarascáil Bhliantúil 2006

Aibrean 2007

Houses of the Oireachtas

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

Annual Report 2006

April 2007

Contents


Members of the Joint Committee

1.

Content and Format of Report

2.

Functions and Powers

3.

Chairman, Vice-Chairman, Convenors and Membership

4.

Establishment of Sub-Committee

5.

Meetings, Attendance and Recording

6.

Number and Duration of Meetings.

7.

Work of the Committee

8.

Reports

9.

Travel

10.

Functions and Powers

Appendices


1.

Orders of Reference of the Joint Committee

2.

Meetings of the Joint Committee

3.

Meetings of the Dáil Select Committee

4.

Minutes of Proceedings of the Joint Committee

5.

Groups and individuals attending before the Joint Committee

6.

Orders of Reference of the Sub-Committee on the Barron Report on the Murder of Seamus Ludlow

7.

Members of the Sub-Committee on the Barron Report on the Murder of Seamus Ludlow

8.

Orders of Reference of the Sub-Committee on the Barron Report on the Bombing of Kay’s Tavern, Dundalk

9.

Members of the Sub-Committee on the Barron Report on the Bombing of Kay’s Tavern, Dundalk

10.

Legislation Considered


Members of the Joint Committee

Chairman


Vice-Chairman




Seán Ardagh


FF


Gerard Murphy


FG


 






Seán O’Fearghaíl


FF


Charlie O’Connor


FF


Denis O’Donovan


FF


Peter Power


FF


 







Niall Blaney*


FF


Finian McGrath


Ind


Jim O’Keefe


Lab


Brendan Howlin*


Lab


Kathleen Lynch*


Lab


Senators






Tony Kett


FF


Jim Walsh


FF


Maurice Cummins


FG


Joanna Tuffy


Lab


 


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 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) (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 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 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-Committees

Standing 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 Recording

Meetings 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 Meetings

The 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 Committee

7.1 Joint Committee

On 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 Committee

During 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 Scrutiny

The 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 Legislation

The 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 Issues

The 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 Committee

The full list of Select Committee meetings in 2006 is set out in Appendix 3.


Bills

The 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


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 & 37).


Motions

The 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. Reports

During 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

Date


Topic


March 2006


Report on Motions re:


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


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


(iii)proposal for a Council Regulation on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations and


(iv)proposed Council Decision annexed to a Communication from the Commission regarding the procedure for adoption of matters relating to maintenance obligations taken under Article 65 of the Treaty Establishing the European Community to be governed by the procedure laid down in Article 251 of that Treaty.


March 2006


Report on Motion re: Proposal for a Council Decision on the establishment of a mutual information procedure concerning Member States’ measures in the area of asylum and immigration.


May 2006


Report on Motion re: Proposal for a Draft Council Framework Decision on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union.


June 2006


Report on Motion re: Proposal for a 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.


8.3 Other Motions referred to the Committee

Date


Topic


October 2006


Report on Motion re: Approval of Sectoral Plans in accordance with section 31 (6) of the Disability Act 2005


December 2006


Report on Motion re: Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) (Amendment) Regulations, 2006


December 2006


Report on Motion re. Sections 2, 3, 4, 5 and 6 of the Criminal Justice (Drug Trafficking) Act 1996


8.4 EU Scrutiny Reports

Reference


Proposal


Scrutiny Report No.


JAI (2003)3 2003/0811/CNS


Initiative of the Hellenic Republic for the adoption of a Framework Decision of the Council on the application of the “ne bis in idem” principle


14


Council Document 7307/05


Council Framework Decision on the European enforcement order and the Transfer of sentenced persons between Member States of the European Union


15


COM(2003)199


Directive of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States


16


14207/04


Initiative of the Kingdom of Belgium with a view to the adoption by the Council of a framework decision on the recognition and enforcement in the European Union of prohibitions arising from convictions for sexual offences committed against children.


17


COM(2004)328


Proposal for a Council Framework Decision on certain procedural rights in criminal proceedings throughout the European Union


18


COM(2004)334


Green Paper on the approximation, mutual recognition and enforcement of criminal sanctions in the European Union


 


CL/9870/03


A Council Regulation on the creation of an immigration liaison officers network


19


COM(2003)227


Proposal for a Framework Decision to strengthen the criminal-law framework for the enforcement of the law against ship-source pollution


 


COM(2003)657


Proposal for a Council Directive implementing the principle of equal treatment between women and men in the access to and supply of goods and services


 


COM(2004)221


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


 


COM(2005)380


Amended Proposal for a Directive of the European Parliament and of the Council on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast version).


 


COM(2006)399


Proposal for a Council Regulation (EC) No. 2201/2003 as regards jurisdiction and introducing rules applicable to law in matrimonial matters


 


CL/8958/04


Draft Framework Decision on the retention of data processed and stored in connection with the provision of publicly available electronic communications services or data on public communications networks for the purpose of prevention, investigation, detection and prosecution of crime and criminal offences including terrorism


20

COM(2005)91


Proposal for a Council Framework Decision on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings


 


COM(2005)457


Proposal for a Directive of the European Parliament and of the Council on the placing on the market of pyrotechnic articles


 


COM(2005)695


Proposal for a Council Decision on the transmission of information resulting from the activities of security and intelligence services with respect to terrorist offences


 


COM(2005)475


Proposal for a Council Framework Decision on the protection of personal data processed in the framework of police and judicial co-operation in criminal matters


 


COM(2005)490


Council Framework Decision on the exchange of information under the principle of availability


 


COM(2006)83


Amended proposal for a Regulation of the European Parliament and the Council on the law applicable to non-contractual obligations (Rome II)


 


COM(2006)209


Amended Proposal for a Regulation of the European Parliament and of the Council establishing a European Institute for Gender Equality


21


10357/2006


Draft Council Decision concerning arrangements for cooperation between Asset Recovery Offices of the Member States


 


COM(2006)93


Proposal for a Directive of the European Parliament and of the Council amending Council Directive 91/477/EEC on control of the acquisition and possession of weapons


 


COM(2006)82


Proposal for a Council Decision on the conclusion, on behalf of the European Community, of the United Nations Convention against Corruption


 


COM(2005)600


Proposal for a Council Decision concerning access for consultation of the Visa Information System (VIS) by the authorities of Member States responsible for internal security and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences


 


COM(2006)468


Proposal for a Council framework decision on the European supervision order in pre-trial procedures between Member States of the European Union


 


COM(2005)690


Proposal for a Council framework decision on the organisation and content of the exchange of information extracted from criminal records between Member States.


22


9. Travel

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


Location


Purpose


Members


Canada


10th — 19th March 2006


Fact-finding visit on comparative legislative provisions in two areas: Criminal law and Parental leave


Seán Ardagh T.D.


Máire Hoctor T.D.


Gerard Murphy T.D.


Breeda Moynihan-Cronin T.D.


Senator Jim Walsh


Barcelona 15th - 17th June 2006


Attendance at an EU level Annual Conference on Restorative Justice


Máire Hoctor T.D.


Kathleen Lynch T.D.


Brussels


22nd June 2006


Attendance at an EU level seminar “The Prüm Convention: Integration or Fragmentation of European Justice and Home Affairs?” in the European Parliament, also a meeting to exchange views as a result of the judgement of the European Court of Justice in the joint cases on the ‘Passenger Name Records’ (PNR)


Seán Ardagh T.D.


Marseille 11th - 12th September 2006


Attendance at the fourth Summer Conference on Defence


Seán Ardagh T.D.


Senator Jim Walsh


Brussels


2nd - 3rd October 2006


Attendance at an EU level meeting between the European Parliament and the National Parliaments. The overall theme was “From Tampere to The Hague: What has been achieved? Progress and shortcomings of the area of Freedom, Security and Justice”


Seán Ardagh T.D.


Strasbourg 19th October 2006


Attendance at the Council of Europe’s Parliamentary Assembly entitled “Parliaments united in combating domestic violence against women”


Kathleen Lynch T.D.


Japan


28th October - 5th November 2006


Fact finding trip to examine matters of mutual concern and models of best practice including public and private initiatives in increasing road safety; Community Policing: the Japanese ‘Koban’ model of community-based policing; Gender Equality: National government policy and practical approaches to increasing female participation in society


Seán Ardagh T.D.


Brendan Howlin T.D.


Senator Maurice


Cummins


Senator Jim Walsh


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


4 April 2007