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Alan Shatter, TD, Minister for Justice, Equality and Defence reports on work done

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  • Alan Shatter, TD, Minister for Justice, Equality and Defence reports on work done

    Alan Shatter, TD, Minister for Justice, Equality and Defence reports on work done during first 16 months of Government

    A message from Minister Alan Shatter

    “My ambition is that, at the end of the Government’s term in office, we will be seen as the most radical reformist government in the history of the State. I am determined in my privileged role as Minister in two great Departments – Justice and Equality and the Department of Defence – to fully play my part. Being a member of a Cabinet composed of talented colleagues who are committed to public service, to restoring our economic sovereignty and getting our people back to work is truly a privilege. That is the difference between our Government led by An Taoiseach, Enda Kenny and the Fianna Fail led governments of yesteryear. Since I was appointed Minister on the 9 March 2011, I have enacted 11 separate pieces of legislation and an additional 12 Bills are at advanced stages of drafting. In addition, I have prioritised reform across a number of areas to improve efficiency, reduce costs and protect the frontline. I hope that this document serves as a useful resource as well as providing an insight into the work done during the past 16 months.”

    Summary of Bills Enacted
    1. Criminal Justice Act 2011
    2. Property Services (Regulation) Act 2011
    3. Criminal Justice (Withholding Information on Crimes Against Children and Vulnerable Adults Act) 2012
    4. Criminal Law (Defence and the Dwelling) Act 2011
    5. Criminal Justice (Community Service) (Amendment) Act 2011
    6. Criminal Justice (Search Warrants) Act 2012
    7. Civil Law (Miscellaneous Provisions) Act 2011
    8. Twenty-Ninth Amendment of the Constitution (Judges’ Remuneration) Act 2011
    9. Defence (Amendment) Act 2011
    10. Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012
    11. European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012






    Summary of Bills passing through Oireachtas / at an advanced stage of drafting
    1. Personal Insolvency Bill 2012
    2. Legal Services Regulation Bill 2011
    3. National Vetting Bureau Bill 2012
    4. Criminal Justice (Corruption) Bill 2012
    5. Criminal Justice (Spent Convictions) Bill 2012
    6. Irish Human Rights and Equality Commission Bill 2012
    7. Mediation Bill 2012
    8. Criminal Records Information System Bill 2012
    9. Gambling Bill
    10. Criminal Justice (Money Laundering and Terrorist Financing) (Amdt) Bill 2012
    11. Civil Defence Board Bill 2012
    12. Landlord and Tenant Law Reform Bill 2012



    Alan Shatter, TD, Minister for Justice, Equality and Defence reports on work done during first 16 months of Government

    Contents

    1. Criminal Justice Act 2011
    2. Property Services (Regulation) Act 2011
    3. Criminal Justice (Withholding Information on Crimes Against Children and Vulnerable Adults) Act 2012
    4. Criminal Law (Defence and the Dwelling) Act 2011
    5. Criminal Justice (Community Service) (Amendment) Act 2011
    6. Criminal Justice (Search Warrants) Act 2012
    7. Civil Law (Miscellaneous Provisions) Act 2011
    8. Twenty-Ninth Amendment of the Constitution (Judges’ Remuneration) Act 2011
    9. Defence (Amendment) Act 2011
    10. Jurisdiction of Courts and Enforcement of Judgements (Amendment) Act 2012
    11. European Arrest Warrant (Application to Third Countries and Amendment) and Extradition (Amendment) Act 2012
    12. Personal Insolvency Bill 2012
    13. Legal Services Regulation Bill 2011
    14. National Vetting Bureau Bill 2012
    15. Criminal Justice (Corruption) Bill 2012
    16. Criminal Justice (Spent Convictions) Bill 2012
    17. Irish Human Rights and Equality Commission Bill 2012
    18. Mediation Bill 2012
    19. Criminal Records Information System Bill 2012
    20. Gambling Bill
    21. Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2012
    22. Civil Defence Board Bill
    23. Landlord and Tenant Law Reform Bill
    24. Ministerial Transport
    25. State Visits
    26. Capital Announcement
    27. Progress on clearing of backlog of applications for citizenship and new Citizenship Ceremony
    28. Referendum on Article 34 of Constitution
    29. Cash for Gold
    30. Surrogacy Guidelines
    31. Civilian Staff Dublin Airport
    32. Streamlined Immigration Procedures
    33. Reduction in fees payable under the Criminal Legal Aid Scheme
    34. Consolidation and Closure of Garda Stations
    35. Graduation Ceremonies
    36. Garda Retirements & Promotions
    37. Investor and Entrepreneur (Jobs) Schemes
    38. Visa Waiver Programme
    39. Recognition of Foreign Civil Partnerships and Gay Marriages
    40. 6th European Gay Police Association Conference
    41. Garda Vetting
    42. Criminal Assets Bureau
    43. Victims of Crime
    44. Zambrano Judgement
    45. Visits to Prisons by the Minister
    46. Cork Prison
    47. Limerick Prison
    48. Mountjoy Prison
    49. Prison Governance Structures
    50. Prison Deaths
    51. Thornton Hall Prison Project Review Committee
    52. Prison Reform
    53. Data Protection
    54. Future Direction of the Legislation on Prostitution
    55. Magdalene Laundries
    56. Cloyne Report
    57. Upward Only Rent Reviews
    58. Meeting with relatives of the disappeared
    59. Omagh Support and Self-help Group
    60. Private Paddy Kelly Posthumous Award
    61. Defence Forces
    62. Defence Forces Participation in Missions Abroad
    63. Visit to Lebanon
    64. Callanan Report 19th September 2011
    65. Irish Red Cross
    66. Signing of Memorandum of Understanding to support cooperation between forensic science agencies on the island of Ireland
    67. The White Paper on Defence
    68. Implementation of the Defence Forces Medical Services Review
    69. Ombudsman for the Defence Forces
    70. Visits to Military Facilities
    71. Irish and Finnish Perspectives on European Security and Defence Policy
    72. Memorandum of Understanding – Ireland’s Participation in the Austro/German Battlegroup 2012
    73. European Defence Agency (EDA) Projects
    74. Opportunities in the European Security and Defence Markets
    75. Cavalry Corp Day 3rd September 2011
    76. Ceremony to mark the 50th Anniversary of the death of Trooper Patrick Mullins in the Congo
    77. World War II Deserters
    78. Recruitment Age for Permanent Defence Forces
    79. Appointments Advertised
    80. Councils of Europe
    81. Attended various meetings
    82. Winter Ready Campaign 2011

    9. The Defence (Amendment) Act 2011 provides for amendments to the Defence Acts to expand the potential candidature for appointment to the post of Military Judge and the Director of Military Prosecutions to persons other than members of the Defence Forces and for an amendment to the powers of the Selection Committee to determine a candidate’s qualification for appointment to these posts. In relation to the alternative judge, it also provides for the appointment of a Circuit Court Judge to perform the functions of the Military Judge where the Military Judge is not available for whatever reason. The Act was commenced in full on 9 November 2011. Following a public competition for the post of Military Judge, the Government at its meeting on 3 July 2012 approved the appointment of Mr. Michael Campion as military judge for the Defence Forces. Mr. Campion will be appointed as a Colonel in the Permanent Defence Force with effect from 4 September 2012 for the purpose of taking up the appointment as military judge.

    22. The Civil Defence Board Bill 2012: On 12 July 2011 the Minister secured Government approval to dissolve the Civil Defence Board and transfer its functions, property, rights, liabilities and other responsibilities to the Department of Defence. At a subsequent meeting on 30 August 2011 the Government approved the drafting of the Civil Defence Repeal Bill. The Bill is currently being drafted and it is anticipated that it will be published in September 2012.

    The proposed transfer of functions will result in verifiable savings and will allow management to develop the provision of training support, which is a key demand in a voluntary organisation like Civil Defence rather than duplicating the corporate governance of the Department.

    24. Ministerial Transport: Changed arrangements for Ministerial transport resulting in estimated savings of €4 million per year.

    25. State Visits: As Minister for Justice, Equality and Defence, Minister Shatter had political responsibility for the necessary security and protection arrangements put in place by An Garda Síochána and the Defence Forces and for their participation in civil ceremonies and events during the visits in 2011 to this State of HRH Queen Elizabeth II and President Barack Obama.


    Catch-22 says they have a right to do anything we can't stop them from doing.

  • #2
    60. Private Paddy Kelly Posthumous Award: On the 16 July 2012 Minister Shatter posthumously awarded the Military Star Medal to Private Paddy Kelly (RIP) who was tragically killed on active service in Ballinamore, Co.Leitrim in 1983. This was the first occasion the Military Star was awarded to a member of the Defence Forces killed on active service within the State. Such award was not possible until Minister Shatter amended the relevant defence force regulations in the autumn of 2011. Prior to then, such award could only be made where a member of the Defence Forces was killed on active service outside the State, for example on UN duty.

    61. Defence Forces: Minister Shatter secured the agreement of Government that the Permanent Defence Forces would stabilise at 9,500 on an annualised basis up to and including 2014 and would not fall below that number. This brought to an end the continuing decrease in Permanent Defence Force numbers which occurred in previous years. The strength of the Permanent Defence Forces as at 30th June 2012 stood at 8,857. Recruitment of approximately 600 personnel, consisting mainly of General Service Recruits together with 42 Cadets, is currently underway in order to return the Permanent Defence Force closer to its optimum strength of 9,500. Under the new fully competitive merit-based promotions schemes competitions have been completed for Generals and Officers while Non-Commissioned Officer competitions are ongoing. Barrack Closures, Increase Efficiency and Re-Organisation: Minister Shatter secured the agreement of Cabinet for the closure of four army barracks to ensure a more efficient use of resources and to increase the army numbers available for frontline services and agreement that no further barrack closures would occur during the lifetime of the Government. Re-Organisation of the Defence Forces: In December 2011 the Minister announced that the Defence Forces would move from a three brigade structure to a two brigade structure. On 17 July 2012 the Minister announced the details of the reorganisation and stated that the two brigade headquarters would be based in Collins Barrack, Cork and in Cathal Bruagha Barracks, Dublin. The re-organisation will enhance operational capabilities within a reduced resource envelope. The implementation of the re-organisation starts immediately.

    62. Defence Forces Participation in Missions Abroad: In March Minister Shatter secured Government approval to increase the number of personnel deployed with the CSDP mission engaged in the training of the Somali Security Forces, currently called “EUTM Somalia”. Ireland also holds the post of Operations Commander for this mission.

    On 24 April 2012, Minister Shatter secured the approval of the Government for the deployment of up to six members of the Permanent Defence Force as unarmed military observers to the United Nations Supervision Mission in Syria (UNSMIS), in response to a request from the United Nations. Six Defence Forces personnel were deployed to the mission area on 11 May 2012. On 20 July 2012, the mandate of the mission was renewed for a further 30 days. At the request of the United Nations the Defence Forces contribution to this mission was reduced to three personnel on 22 July 2012.

    On 22 May 2012, Minister Shatter secured the approval of the Government for the continued provision of a contingent of the Permanent Defence Force for service with the United Nations Interim Force in Lebanon (UNIFIL), for a further period of 12 months from 30 May 2012. The formation of a joint Irish-Finnish Battalion in UNIFIL in mid-May 2012 saw the downsizing of the Irish contribution to UNIFIL to some 350 personnel. On 28 April 2012, Brigadier General Patrick Phelan assumed his appointment as Deputy Force Commander UNIFIL for an initial period of one year.

    On 26 June 2012, Minister Shatter secured the approval of the Government for the continued provision of:

    - up to twelve members of the Permanent Defence Force for service with the UN-authorised-NATO-led International Security Presence in Kosovo (KFOR), for a further period of twelve months beyond June 2012; and
    - seven members of the Permanent Defence Force, for a further period from July 2012 for service with the UN-authorised NATO-led International Security Assistance Force (ISAF) in Kabul, Afghanistan, subject to renewal of the mandate by the United Nations Security Council beyond 13 October 2012 and to ongoing review by the Minister for Justice, Equality and Defence.

    63. Visit to Lebanon: The Minister accompanied President McAleese on her official visit to Lebanon in October 2011. The visit to Lebanon afforded the Minister an opportunity to see, at first hand, the dedication and professionalism of military personnel and the tremendous work done overseas by the Irish Defence Forces. The Minister participated in meetings with members of the Lebanese government which addressed not only peace keeping matters but also the enhancement and development of closer economic ties between Ireland and Lebanon.

    64. Callanan Report 19th September: The Minister commissioned and subsequently published the report of Mr Frank Callanan S.C., into the circumstances related to the deaths of Cpl Fintan Heneghan, Pte Mannix Armstrong and Pte Thomas Walsh on 21 March 1989, while serving with C Company, 64th Infantry Battalion in the United Nations Interim Force in the Lebanon (UNIFIL). Mr Callanan was appointed by the Minister, in April 2011, to carry out the inquiry, which encompassed a review of all available documents and interviews with all persons, as considered appropriate by him.


    Catch-22 says they have a right to do anything we can't stop them from doing.

    Comment


    • #3
      65. Irish Red Cross: The Programme for Government provides for the initiation of a detailed legal review of the basis, structures and governance of the Red Cross in Ireland to improve its functioning in the light of changing circumstances. Changes proposed by the Minister to the Irish Red Cross Order 1939 were approved by the Government on 17 April 2012. The Amendment Order provides a legislative basis for a range of fundamental changes recently made to the corporate governance of the Society. As a consequence of these changes, on 8 May 2012 the Minister secured Government approval for the appointment of four Government nominees to the General Assembly of the Society. Furthermore, in accordance with the commitment made in the Programme for Government, a comprehensive review of all Red Cross legislation has recently commenced.
      67. The White Paper on Defence: The Minister for Defence initiated the preparation of a Green paper on Defence. In April, a Memorandum for Government setting out the proposed approach and timeframe was circulated to Cabinet colleagues and subsequently approved by Government. The process of preparing a Green Paper on Defence has commenced and a broad consultative process will be initiated upon publication. When published at the end of 2012, this Green Paper will inform broad discussion about Ireland’s Defence policy. Members of the public and other interested parties, including representative associations, will then be given their opportunity to submit their views on Defence policy and Defence provision. A new White Paper on Defence will be prepared and published by end 2013. The White Paper will encompass a longer time frame that that of the Department of Defence and Defence Forces’ Strategy Statement and inform long term capability requirements for implementation over an extended timeframe.

      68. Implementation of the Defence Forces Medical Services Review: The recommendations of the PA Consultants Report on the restructuring of the Medical Corps have been designed to meet the demands and needs of the Defence Forces and implementation is progressing. The Minister is committed to providing a sustainable medical service to meet the needs of the Defence Forces both at home and overseas. An integrated model for the provision of the required medical services, involving both Medical Corps and outsourced service provision across the full range of services recommended by the PA consultants, is also being progressed. In this regard Request For Information (RFI) from prospective service providers was issued on 1 June to assist in evaluating potential options for market derived solutions to meet the medical requirements of the Defence Forces. A total of 14 proposals were received and these are currently being evaluated.

      69. Ombudsman for the Defence Forces: The Office of Ombudsman for the Defence Forces is the independent appeals mechanism for the Defence Forces internal Redress of Wrong System. In the period from March 2011 when Minister Shatter was appointed, to June 2011, all 17 outstanding cases were dealt with by him and a final determination issued to the Ombudsman. Minister Shatter gave a final determination on a total of 33 cases in the period March to December 2011 and in the first six months of 2012 a final determination issued to the Ombudsman in respect of an additional 16 cases. The term of the current Ombudsman, Ms Paulyn Marrinan Quinn, is due to expire on 18 September 2012. The position has been advertised and will be filled by open competition run by the Public Appointments Service.

      70. Visits to Military Facilities: The Minister has visited the following military facilities since his appointment:
      1) The Military Cadet School in the Curragh Camp, Kildare
      2) The Defence Forces Training Centre at the Curragh, Co. Kildare
      3) Cathal Brugha Barracks, Rathmines, Dublin
      4) The Naval Base in Haulbowline
      5) Collins Barracks, Cork
      6) Custume Barracks, Athlone
      7) Dún Uí Mhaoilíosa Barracks, Renmore
      8) Casement Aerodrome, Baldonnel
      9) McKee Barracks, Dublin

      71. Irish and Finnish Perspectives on European Security and Defence Policy: On 8th September 2011, the Minister hosted a Seminar in Farmleigh on Irish and Finnish Perspectives on European Security and Defence Policy. The purpose of the meeting was to share perspectives on defence policy issues. This is of mutual benefit as both Ireland and Finland are neutral, militarily non-aligned countries which are members of the EU but not members of NATO. The seminar was very successful and has provided a template for similar meetings with other partners in the future. The seminar was attended by senior personnel from the Ministries of Foreign Affairs and Defence as well as senior military officers from both countries. In addition a number of Academics from both countries attended.

      72. Memorandum of Understanding – Ireland’s Participation in the Austro/German Battlegroup 2012: On 7 February 2012 the Minister obtained Dáil Éireann approval to sign the Memorandum of Understanding for the Austro/German Battlegroup, which will be on standby for the second half of 2012 for peacekeeping and crisis management missions. The Austro/German Battlegroup Memorandum of Understanding is an agreement between the participants, namely Germany, Austria, Czech Republic, Ireland, Croatia and the former Yugoslav Republic of Macedonia, which sets out principles in relation to the operation, deployment and management of the Austro/German Battlegroup.

      73. European Defence Agency (EDA) Projects: On 27 September 2011, Minister Shatter secured Dáil Éireann approval for Ireland’s participation in two EDA projects. One of the projects relates to Chemical, Biological, Radiological and Nuclear (CBRN) Protection and the other relates to Maritime Surveillance. Both of these projects will contribute to Defence Forces capability. At the EDA Steering Board meeting on 30th November the Minister indicated that the Irish Naval Service would act as lead nation in conducting a study on Naval Mariner training. The objective of the study is to review and evaluate what training is currently available across the Union with a view to consolidating European Union capabilities in this area and delivering value for money training for our naval mariners. This study will support the EDA initiative in the area of military capability development called “Pooling and Sharing”. The concept involves groups of Member States coming together and pooling resources so as to retain, maintain and/or enhance their military capabilities which they can make available for Common Security and Defence Policy operations. Ireland is encouraging all Member States to be involved in this study to ensure an efficient use of training resources across the Union.

      The two EDA projects Ireland is currently participating in are progressing well, the programme arrangement for the project relating to Chemical, Biological, Radiological and Nuclear (CBRN) Protection was signed in Brussels on the 22 March 2012. The technical arrangement relating to the other project on Maritime Surveillance came into effect on 6 February 2012. With regard to the study on Naval Mariner Training in which Ireland is acting as lead nation, an exercise has been carried out to review and evaluate what training is currently available. An analysis of the results has been carried out and potential collaborative projects based on this analysis will be identified and discussed with participating Member States.

      74. On 3rd October the Minister launched a seminar on “Opportunities in the European Security and Defence Markets”, which was organised jointly by Enterprise Ireland and the Defence Organisation. The objective of the seminar, which was attended by representatives from academia, industry and the European Defence Agency (EDA), was to afford Irish industry and research institutions an opportunity to engage with the EDA, and to hear from the Defence Forces about initiatives in their area of capability development. This is in support of Government policy to promote and support investment in technology research and development and put in place incentives for companies engaged in research and development. The key note address was provided by Madame Claude France Arnould, Chief Executive of the EDA.

      75. Cavalry Corp Day 3rd September 2011: The Taoiseach, Mr Enda Kenny, T.D., and the Minister attended the annual Defence Forces Cavalry Corps Remembrance Day at the Defence Forces Training Centre, Plunkett Barracks, Curragh Camp.


      Catch-22 says they have a right to do anything we can't stop them from doing.

      Comment


      • #4
        76. Ceremony to mark the 50th Anniversary of the death of Trooper Patrick Mullins in the Congo: The Minister attended the unveiling of a monument in Kilbehenny, Co Limerick to Trooper Patrick Mullins, who died as a result of hostile action while on service in the Congo on the 15th September 1961.

        77. World War II Deserters: On 12 June 2012, following a request from the Minister for Defence, the Government agreed to issue an apology to those members of the Defence Forces who fought on the Allied side during World War II and were subsequently found guilty of desertion or being absent without leave by a military tribunal or were dismissed from the Defence Forces in accordance with the provisions of the Emergency Powers (No. 362) Order, 1945 (Statutory Rules and Orders No. 198 of 1945). The Minister also secured Government approval to draft the Defence Forces World War II Miscellaneous Provisions Bill 2012 to give effect to terms of the apology. It is intended that the Bill will be published in autumn 2012.

        78. In May 2012 the Minister approved an increase in the Minimum Recruitment Age for the Permanent Defence Force from 17 to 18. As the age limit for recruitment is currently provided for under existing Defence Forces Regulations (secondary legislation), it is proposed to implement the change by means of an amendment to the relevant Defence Force Regulations. Work on the proposed regulatory amendments is currently underway. The increase in the minimum age will apply to any new competition advertised in the future.


        Catch-22 says they have a right to do anything we can't stop them from doing.

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